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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I left my wife Jan 2015, I'd like to divorce. I've three

Resolved Question:

I left my wife Jan 2015, I'd like to divorce. I've three children; oldest son 25 living with girlfriend and working fulltime; second son 20 at university, I pay his accomodation; third daughter 18 living with her mother, (mother works fulltime). I pay my daughter an allowance, also pay into the house mortgage, bills etc. Effectively paying as if I never left.
I need advice on how to proceed.
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?

-Whose name is ***** ***** in?

-What is the value and outstanding mortgage on the property?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

-Will she agree to a divorce?

Customer: replied 1 year ago.
Hi I'm 56 and she is 58
we've been married 25 years
The house is in joint names market value £300k
Outstanding £135k
We have a house in republic of Ireland value £150k outstanding mortgage £120k
I have an annual pension of £6000/annum lump sum £25k
She has a pension of £12000/annum lump sum £75k
My income £150k /annum limited company
Her salary £45k /annum
Will she agree depends on what she think she can get out of it.
Expert:  Harris replied 1 year ago.

Thanks for confirming. As you have moved out, the general consensus is that the person remaining should be paying for the outgoings, and given that she has a decent income she should be solely bearing the costs of this as you will be required to maintain yourself elsewhere.

As part of the divorce you will need to reach a financial settlement, 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. 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.

I hope this assists you. 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 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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