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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 724
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been with my partner and we are now separating,

Customer Question

I have been with my partner for 15years and we are now separating, we have 2 children together we both work and earn well. She has been having an affair for the last 5years How will the finances work? and how does custody work? and do I have any rights to Sue the man that was responsible for breaking down my family
Submitted: 10 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist.
Please may I ask:
- were you married?
- how old are your children?
- whose name is ***** ***** in? Rented or owned?
Kind regards
Caroline
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
we are not legally married, our children are 9 and 6 and we have a joint mortgage on the house
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
My sincere apologies for my delay in responding to you.
Please may I ask a few more questions:
- do you know if you are Joint Tenants or Tenants in common in respect of your property?
- can you recall if there was any trust deed?
- have you had any discussions about the children and their care?
Kind Regards
Caroline
Customer: replied 10 months ago.
Joint tenants no trust deed I think. We did chat abut he kids she will give joint custody but will live with her. Her new partner divorced his wife and per sued her relentlessly. She blocked him from her calls and face book and he continued to harass her. The relationship came to light a year ago and we decided to try and make it work and I had a conversation with him and he agreed to stay away.
Expert:  ukfamilysolicitor replied 10 months ago.
Good Morning
Thank you for your response.
I am sorry to say that you are not going to have any right of action against the man who pursued your wife for an affair. It's even frowned upon to name the third party in a divorce.
I can however give you guidance in respect of what to expect in relation to the matrimonial finances.
There is a set process for dealing with the matrimonial finances and the first stage is whereby full and frank dislcosure is exchanged between you and your husband in respect of all of the matrimonial assets. Everything is included in disclosure including all assets and liabilities including pensions.
With such a long marriage as yours - then the starting point for the division of assets is 50/50. The Matrimonial causes act sets out factors which could lead to a departure of this rule. Examples are; the earning capacity for both of you for the future, future health needs, who will be caring for the children etc etc
Please note that behaviour in marriage will not affect the outcome of a matrimonial settlement.
I would recommend that you consider referring the case of the matrimonial fiances to a mediation service. Mediation will help you and your wife go through the process of disclosure and also in relation to discussions about division to see if a settlement can be agreed.
You cannot make an application to the court in respect of the matrimonial finances unless mediation has been attempted first.
If matters can be agreed at mediation then a consent order should be prepared which details what has been agreed and this should be submitted to the court for approval. Once approved by the court this will be legally binding.
If matters cant be agreed at mediation then an application can be made at court.
There are lots of mediation services and there will be one local to you. Just google Family Mediation in oyur area and then give them a call to get the ball rolling.
In respect of your children - it is the position of the court that children are entitled to a relationship with both of their parents unless there are child protection concerns. Courts expect parents to put their feelings aside and concentrate on the needs of their children and agree a routine. If a routine cant be agreed or a parent si denied contact then an application could be made to court for a child arrangement order to decide the issue. The matter does however also have to be referred to mediation first to see if an agreement can be reached without the need for court.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 10 months ago.
I reported to you that we are not legally married
Expert:  ukfamilysolicitor replied 10 months ago.
I am so sorry!
I misread that.
The information in respect of children/ custody remains the same.
In respect of the property - as Joint Tenants you are each entitled to a 50% share of the property.
May I ask what the equity is ? - to help me give you an idea of how the court may deal with your position.
Kind regards
Caroline
Customer: replied 10 months ago.
50% we also have 3 cars all on my name and I have some investment of my own so how would that work?
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
What would be the value of your house if it was sold - how much would be left after the mortgage was paid?
With the cars being in your name - did you all pay for these yourself?
How much are your investments worth?
What is your partners means?
Kind Regards
Caroline
Customer: replied 10 months ago.
If the house was sold probably be left with 80K after mortgage was paid. I paid for all the cars myself. Investments worth around 30K. She drives around with one of our cars. She earns about 80K. We jointly own another property with my brother and his wife. If we sold that we would get another 100K between 4 investors.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for clarifying that for me.
Anything that you own including your own investments are cars are yours.
In respect of your property the area of law that deals with matters for unmarried couples is the Trust of Land Act.
As you are joint tenants your each entitled to 50% of the equity - that being 40k
The court would consider the housing needs of any children.
It may be that you can agree that the house be sold and the equity split but be aware if this isn't agreed - the court would likely postpone a sale til the children reach 18 - the equity from one of you could effectively be held on trust for the children til they reach 18.
Please don't hesitate to ask if I can clarify anything for you.
Kind regards
Caroline
Customer: replied 10 months ago.
thank you for your help
Expert:  ukfamilysolicitor replied 10 months ago.
Your welcome
Please don't hesitate to ask if I can assist further
If you have found this service useful please kindly remember to rate positively
Kind regards
Caroline
Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively (by clicking a smiley face) so that we receive credit for our work.

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