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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I need seperation/divorce advice. We have been together 13

Customer Question

I need seperation/divorce advice. We have been together 13 years and have 2 children (12 & 9) but have only been married for 1 year. The house is in my husbands name. There's been no infidelity or anything but I would like to end the relationship. Please advise what me and my children might be entitled to as far as support. Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first How much is the house worth and how much is outstanding on the mortgageWhat other assets are there and what income do you each have?
Customer: replied 2 years ago.
Hi Clare,
The house recently got valued at £1 million and we have approximately £400,000 to pay on the mortgage.
We don't have other assets.
My husband earns approx 100k pa and I earn approx 35k pa.
We also pay for our children to go to private school so I'm wondering if that's part of the discussion as I wouldn't be able to afford this myself. I was at home with kids for first 5 years so lost earning potential during that time. Let me know if you need anything else at this stage. Thank you. Petra
Expert:  Clare replied 2 years ago.
How much would you need to rehouse yourself in a reasonable smaller property
Customer: replied 2 years ago.
It would have to be 3 bedrooms as I have a boy & girl so in this area (so they can stay near their schools), approx £450-£500k if I were able to buy. I don't even know if I can get a mortgage as we've done everything under his name :(
Customer: replied 2 years ago.
Would you be able to reply to this soon? Thank you.
Expert:  Clare replied 2 years ago.
My apologies for the delayThe housing needs of the children are the priority for the family court.In this case if the property was sold there would still be sufficient fund sto purchase an alternative property for you and the children - so it is possible that the court would order a sale, and you would receive as much of the equity as needed.This would be on the basis that your ex would receive his share of the equity if you co-habit or when the youngest child is 18You are eligible to claim spouse maintenance - but you may chose to trade that for a larger share of the equity.You will also receive child maintenanceThe starting point is to try and discuss matters with your husband using Family hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you. Would it affect my rights if I move out of the family home for a few months (to a spare room nearby) so that I can be at the home for the children all the time but just sleep somewhere else?
When you talk about maintenance, how much is usually requested per child? Is it based on the fathers income or is it a standard amount?
Hopefully we're not at mediation stage yet I just want to know what my rights are as far as the children are concerned. Thank you.
Expert:  Clare replied 2 years ago.
Is there a reason why you feel you may need to do this - it would raise the issue of who is caring for the children at night.Maintenance is set at 16% of your husbands gross income with a deduction if the chidlren spend more than 52 nights a year with him.
Customer: replied 2 years ago.
I feel I may need to do this as a short term solution as it will be cheaper for me to move nearby with a friend then for him to rent a whole apartment. As I'm the one doing the leaving and there's been no infidelity I feel like I should be the one inconvenienced in the short term before we can sell the house in order to divide assets.
The only other asset I have is my engagement ring which is worth £10k. Would I be able to keep the proceeds of this if I sold it?
Expert:  Clare replied 2 years ago.
Is it likely that your ex will challenge your care of the children in the future
Customer: replied 2 years ago.
I don't think so as I've always been the primary carer because of his work and I'm happy to have a fair decision on custody as he's an excellent father. I would still do the school run's, pick ups, homework, food shopping etc even if sleeping at a friends for awhile. Of course one can never be 100% certain. If I move out does that make his claim stronger for custody?
Expert:  Clare replied 2 years ago.
Yes if you move out and leave the children behind if he choses to challenge the care arrangements he will have a stronger case
Customer: replied 2 years ago.
Ok thank you for your help. Take care.
Expert:  Clare replied 2 years ago.
You are most welcome I hope all goes well