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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Need a bit of advice....myself and my wife are seperated but

Resolved Question:

Hello .....need a bit of advice....myself and my wife are seperated but still living in the matromonial home......its a joint mortgage both names.....there's 200000 equity in the house.....she's asking me too leave and she'll give me 40000 ...there's been no violence or abuse....basically she's had an affair.....and wants me too move out leaving my 5 year old son here with her.....
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year 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?

Customer: replied 1 year ago.
I'm 44....she's 40....
Been married 6 years together 16......years
I have no other assets....she has isa.....money left too her from grandmother
My income 36000 before tax....hers 26000...
Expert:  Harris replied 1 year ago.

What is your position and proposals for your son and how many bedrooms is the home?

Customer: replied 1 year ago.
2 bedroom home....share custody of son
Expert:  Harris replied 1 year ago.

Thank you for the confirmation. Firstly, her inheritance from her grandmother will not initially be considered a matrimonial asset unless she has brought it in for matrimonial outgoings or if both your needs cannot be met from the matrimonial assets.

Secondly, the courts main objective will be to ensure your son's housing needs are met and the court will consider the former matrimonial home as the first option for the person putting themselves forward as the main carer. The court will also have the power to order the division, but delay the sale of the home until your child reaches a certain age - if you (or her) cannot be compensated immediately for a division of the assets.

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 1 year 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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