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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1370
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am separating and at some point divorcing my husband as I

Customer Question

I am separating and at some point divorcing my husband as I have committed adultery
We have 2 kids and we have agreed to share custody of them, one week going 3 days and then the next doing 4 days and vice versa. This will mean I drop the kids off there every day for him to take to school, and I will pick them up and he will collect when it is his days to have them. Do we need anything legal in place for this?
Also we have the house we live in, just his name is ***** ***** mortgage but I have been the main breadwinner, paying double towards the bills and keeping the house and kids for the last 8 years. He wants to buy me out, what is the fairest way to do this? I have said have the house valued by 3 estate agents and then deduct what we owe on the mortgage to work get it the equities and the n split 50/50.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question. I'm a family solicitor and able to help.
In relation to the arrangement that you have reached in relation to the care of your children - you do not require a court order when an agreement has been reached. The courts prefer parents to agree.The Courts have a 'no order' principle and thus will not make an order when it is not required. Children have a right to spend time with their parents and this should prevail when there are no child protection concerns.
In relation to the matrimonial finances - the legal position is not based upon who contributed to what - when you are legally married.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi before a court can make an order or approve a consent order.
Kind regards
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful for positive feedback
Kind regards