How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1949
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

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: 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?
-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 4 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 4 months ago.

Thank you.

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

Customer: replied 4 months ago.
no, neither of us have remarried. Marital home in joint names, my house in my name.
Expert:  Harris replied 4 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 4 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 4 months ago.

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

Customer: replied 4 months ago.
No. Each got about £2K in savings. That's it really. Yes, about £100K each in pensions.
Expert:  Harris replied 4 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

Harris, Law Specialist
Category: Law
Satisfied Customers: 1949
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice