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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Would a family court judge (Consent Order) take into account

Resolved Question:

Would a family court judge (Consent Order) take into account the fact I put in 90% of all the money during my marriage (My ex was working also), my mum left me £65K and I brought up my ex-wife's disabled son for 15yrs- before she dumped me?
My ex wants a 50% split of assets. I think a 2/3 to 1/3 would be fairer considering the above. I'm also 8 years older so less time to earn.
Thanks.
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 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?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?

-What are your respective incomes?

-When did you separate?

-When did you inherit the £65,000 and has it been used for anything, if so what?

Customer: replied 10 months ago.
we are 55 (me) and 48 and were married for 15yrs, 2 kids 12 & 14 for which I pay maint of £400 per month but this is under review. They live with my ex but stay at least 1 night per week with me.
Pension values are even at around £100K, ex lives in mortgage free ex marital home worth £200K. I live in a house worth around £130K with £65K mortgage. Incomes about even at £36K yr but I have little job security. Ex has student loan around £20K, I have debts of around £8K. Separated 7 yrs ago, but only just Divorced.
£65K inherited 2002. Spent £10k on new car for ex, used £30K to pay off marital home mortgage and I used £25K on deposit for my new home. Thanks.
Expert:  Harris replied 10 months ago.

Thank you.

Have either of you remarried and in whose name is ***** ***** in?

Customer: replied 10 months ago.
no, neither of us have remarried. Marital home in joint names, my house in my name.
Expert:  Harris replied 10 months ago.

What will the arrangements be for the children (who will they live with and how often will they see each parent etc?)

Customer: replied 10 months ago.
They will live with their mum but stay with me at least one night per week, occasionally more. I'll also do their evening meal once or twice per week.
Expert:  Harris replied 10 months ago.

Thanks - are there any other assets, savings or investments at all? And you each have £100k pension each?

Customer: replied 10 months ago.
No. Each got about £2K in savings. That's it really. Yes, about £100K each in pensions.
Expert:  Harris replied 10 months ago.

Thanks for confirming. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that firstly the children's needs are met, then the main carer's needs and then your needs are met in relation to both assets and income. Given the long marriage and that you have two children together, as well as her being the main carer, it would be likely that the court will agree that her needs are higher than yours. The first thing the court will consider is how the children will be accommodated and this is met by the mortgage-free home - this will also meet her housing needs. You have also met your housing needs by purchasing a home, albeit with a mortgage. Given that she has a mortgage free home and her decent income, as well as child maintenance, it would be expected that she would be able to meet her and the children's reasonable income needs and she would find it hard to argue for spousal maintenance.

In terms of the pensions, these are equalised and given that neither of your are near retirement age it would be hard to argue for either of you to obtain a pension sharing order.

For your information the criteria considered by the court in these matters 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.

In relation to child maintenance, based on your £36k salary, and the children staying overnight with you, on average, 1-2 nights per week, your legal liability is £95 per week for them.

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

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