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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am going through a messy divorce and my 13 year old

Customer Question

I am going through a messy divorce and my 13 year old daughter is suffering. She has already attempted to run away after my husband took her to his mums who then took her to one side to tell her what a bitch etc I was. My husband then dressed up our home with campaign etc ready to invite a lady round whilst I was away for the weekend , my daughter ( who was staying with my auntie) came home to collect some more clothes and saw the set up, 2 days later she drank the intended alcohol my husband had left out became intoxicated, and said she wanted to kill her sell. We ended up in hospital overnight. Now my husband is going to put our family home on the market without my consent. I am extremely worried for the welfare of our daughter, she is currently under cahms ...can I do anything to stop him?
Submitted: 4 months ago.
Category: Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?

Customer: replied 4 months ago.
I'm 48, my daughter in question is 13 and I have another daughter of 8, Michael is 50.Married for 16 yearsHome approx ,£300,000 equity
Husbands pension value Unknown
I have an inherited house from mum received in June 2016 with 40k equityHusband earns approx £70k
I currently not working.... Sold my shop in January at 4K loss, we always agreed I would take time out after selling shop as my mum died in Aug 15Property valued at 550 with 230 mortgageMy husband, both children and I live in property..... Husband taking no responsibility for childcare and cones and goes as he pleases often coming come at midnight..... All very unsettling for children.Joint names on mortgageAlso just to give you a little more background to compound my daughters troubles :She is having baurevment counceling to help with my mums death, then my mums brother committed suicide in March 16 and my other uncle died on Monday from a brain tumour ... We are a very close family and these have all impacted on grace (13yr old) .
Expert:  Harris replied 4 months ago.

Thank you. Firstly, as long as the property is in joint names he cannot sell this without your permission as you have a legal interest in the property. In relation to your inherited property, this is not an automatic matrimonial asset and will only be brought in for consideration if needs of the children and both of you cannot be met from the matrimonial assets.

Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 4 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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