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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am in two minds as to how to divorce. Do I wait two years

Customer Question

I am in two minds as to how to divorce. Do I wait two years and go for a no fault divorce or divorce now even though assets are relatively simple on both sides and he can not actively manage to dissipate funds as he is a Paid employee of a large firm. If we agree the financial split of assets between us can we then have it drafted as a legal document and then this has to be adhered to by both parties? Are there any downfalls to this way of doing things?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
i will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
Do either of you have new partners?
Customer: replied 3 years ago.
We have been married just under 20 years. He has a new partner. We have three kids together.
Expert:  Clare replied 3 years ago.
how old are the children - and an obvious question I know - but do you actually wish to end the marriage sooner rather than later or vice versa
Customer: replied 3 years ago.
I have been advised by my lawyer to not wait two years as he could dissipate funds. However because he is a paid employee I don't see how he can get rid of cash? I don't want to rock the boat but he has told me he needs me to sell our biggest asset our house. We have a big mortgage on it and I know I can pay it if he pays my maintenance. The only problem is if the mortgage company will allow that.
Expert:  Clare replied 3 years ago.
How much is the house worth and how much is outstanding on the mortgage - what other savings and debts are there?
What income do you each have?