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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1913
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Background: My wife (working now) were married in 2006

Resolved Question:

Hi, Background: My wife (working now) were married in 2006 in Pakistan, and she is now divorcing me (I work as well, and had brought my wife in uk on spouse visa) on grounds of unreasonable behaviour by making false allegations of domestic abuse against me. She has made such allegations in the past in 2007 & 2008, when she was not working, by going on legal aid, and on both occasions, retracted the cases after I ended up paying thousands in legal fees in my defence, before the cases went to fact finding hearing in court. She used to run away from home with our three kids, making those allegations, and then retract allegations and the cases and come back home with me quiet due to my three kids as I love them and cannot bear them away from me. This time, my kids are fully aware of what she does as they are in their teens and have heard her plan this one. My wife is after millions in property that I inherited and some more that I own abroad. My question is: If we are divorced, does inherited property (from my dad (heart patient) died in 2007 from the shock of my first court proceedings) in my name give her the right to a share of that? Next, does property in my name which was gifted to me by my paternal grandfather in 1970s before we got married, come in property division with my wife? She has the potential of earning more than me and the kids do not want to stay with her due to what they have found out about her planning all the time to get rid of me. Moreover, they want to stay with me with custody rights as they have heard her family in the past talking about getting them out of uk and going to Dubai to avoid taxation on earnings. She was raised in Saudis herself.
Kindly answer the two questions regarding property settlement on property owned by me abroad. She is also claiming pension, lump sum orders etc, whereas she works as well. Would she get that? Am I entitled to nothing and have no defence?
Thanks, ***** *****
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.
Hi, thanks for your question. In order to provide you with a full answer please confirm:-how old the children are-what other assets (properties, savings, investments, pensions etc) you both have that is not inherited or gifted-what has happened with the gifted property you received - do you earn any income from it?-when did you separate?
Customer: replied 9 months ago.
Children - 18, 16, 14. All want to stay with me. Gifted Property is agricultural, but proceeds are meagre in Pakistan, and proceeds go to my mother. Inherited property I have gifted to my mother before the Divorce proceedings to pay off debts from my previous two court cases which my family covered to pay off my debts. She hired a flat to make it look like we separated 1 year ago, but filed a divorce in Feb'16, claiming that I mistreated her and she hired a flat to get away from me, tried to take kids but they wouldn't leave me, so she went leaving me with the kids. In fact she just wanted to be away in a quiet place for taking her exams!
Expert:  Harris replied 9 months ago.
-Do either of you have any other assets, savings, investments, pensions or properties?
Customer: replied 9 months ago.
Yes. Both are working. I am 49, she is 44. She is training to become a GP. I am an Orthopaedic Speciality Doctor. We have pensions, I have 3 car's, she has 1. Both have some savings. Kids want to stay with me so I intend to ask for maintenance. I also I intend to ask her for kids maintenance as they intend to live with me. How are lump sum orders etc going to work out, because we are both working? Neither one of us has a house or other immovable assets in uk. She has the potential to earn more than me in a couple of years.
Expert:  Harris replied 9 months ago.
Thanks. The court will look at spousal maintenance and lump sums separately.Initially the court will consider only the matrimonial assets and liabilities when deciding on the settlement - this includes everything owned by you and by her solely, as well as jointly. As your marriage will be considered long it is likely that the court will bring in to the matrimonial assets the gifts that you acquired prior to the marriage as it is more difficult to ring-fence these in long marriages. In relation to the inheritance, this is initially not considered a matrimonial asset, but if your needs, children's needs and her needs cannot be met from matrimonial assets, then the court will consider these in the division. However, as you have now gifted them to your mother, the court will look at the circumstances of this disposal when deciding why they were transferred.As you are the main carer of the children it is likely your needs will be greater than hers - especially if she can sustain herself from her employment. In relation to spousal maintenance, the court will look at this if your reasonable needs and outgoings cannot be met from your salary. In relation to child maintenance, the court will not deal with this if you both live in England as the CMS will deal with this. You will need to submit a formal application to the CMS and they will calculate how much she is legally liable to pay based on her gross income and how often on average the children stay overnight with her each week.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 9 months ago.
Hi, thanks for your reply. I gifted the nherited land to my mother because I could pay off my family's loaned money to me otherwise, which I had spent on the two court cases. The gifted property by my grand dad has always been kept separate from my family expenditures as it does not generate any appreciable income, and is currently disputed land as it is put against a loan from a third party, again to pay off my debt. How long does one have to give maintenance to kids and for ex-spouse? When the kids reach 18, does their maintenance stop, or does it have to continue through university? Can one not say that the kids can get Student loan in university?
Expert:  Harris replied 9 months ago.
Thanks.In relation to child maintenance, the statutory scheme through the CMS this continues until they are 20 as long as they are studying A-Levels or are on a government approved training course. Other than this or in relation to university fees, it can be included in the divorce settlement - but only so long as it is reasonable when compared to the assets or income. It will be difficult to speculate about future earnings without there being firm evidence.In relation to spousal maintenance, courts no longer grant life-long spousal maintenance payments unless there are extreme circumstances, so these are usually time-limited, such as on cohabitation for a certain period, or until the children reach a certain age/finish education.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 1913
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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