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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1369
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My daughter and her husband have agreed a financial settlement

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My daughter and her husband have agreed a financial settlement which a judge may see as unequal or unfair. This has been agreed because her husband wants her and their daughter, now 5, to remain living in the former family home as this will enable the daughter to attend the schools which were the main reason for moving to the area. He wants to do the best thing for his daughter and make amends for causing the separation in the first place. How can this be conveyed to the judge in a consent order to persuade the judge to agree?
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - what stage are you at? have you been to mediation? has disclosure taken place?- Is the matrimonial home the only/main asset? Is there equity? what is the value of the other assets? on a percentage basis - how much is the wife getting from the share of the matrimonial assets and how much is the father getting? Kind Regards Caroline
Customer: replied 2 years ago.
I am not sure what difference answering these questions will make.
They are ready to go for divorce and they are preparing disclosure. They understand that it will be seen as unequal and therefore the judge may intervene. The matrimonial home is not the only asset. There is equity in the home. There are share options and there are pensions of which the husband's is a final salary and therefore valuable. And there are share options.
The split is in the order of 70% 30% in favour of my daughter but the husband is OK with this for the reasons stated.
Customer: replied 2 years ago.
Caroline - are you preparing an Answer?- the website looks inactive
Hello Thank you for confirming that for me. The reasoning behind requesting such further information was to establish whether a division would truly be seen as 'unfair' by a Judge. Taking into account your response - my initial response is that a Judge would not automatically consider a 70/30 split in the wifes favour as unfair. I say this, as whilst it is accepted that the starting point is 50/50 the Matrimonial Causes Act at Section 25 does set out factors that can lead to a departure. continuing ....
Customer: replied 2 years ago.
Section 25 does not appear to allow the circumstances that I have described, that the husband wants to do the best for his daughter etc
The MCA factors include; - who will be the main carer of children, the earning capacity of both parties. Thus if the wife is going to be the main carer and this will impact upon her earning capacity - then a 70/30 split is by no way an unusual out come and Judges have ordered along these terms in similar cases that I have dealt with.
why do you think that?
Customer: replied 2 years ago.
How can the husbands intentions be conveyed to the judge?
This is necessary because the bare numerical facts will show that my daughter is earning more that the husband. Since separation she has taken exams and been promoted and her career prospects and earning potential exceed her husbands.
Section 25 provides that the needs of a child are very important. If a Judge was decide such a case then his starting point would be this section and its provisions. If the wife is not yet earning more than the husband then this is somewhat speculation. In reality I do consider that a Judge might quite well approve such an order having in front of him/her - the statement of information form detailing the current assets. If in the event that this isn't approved - then the court would call the parties for a hearing so that he can clarify the parties positions. So this herein leads to your answer - to seek to increase the chance of approval without the need for a hearing - the parties should include a recording in the order as to their current positions and as to why they have reached the settlement that they have - Perhaps along these lines: The Father considers the housing needs of the child as being of paramount importance. The father therefore agrees that the matrimonial home should pass to the wife to ensure that consistency is retained for the child. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping yoyu
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Customer: replied 2 years ago.
Thank You
Your welcome - please do not hesitate to ask if I can assist you further. Kind Regards Caroline