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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Separated from my wife in April and received a solicitor

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Separated from my wife in April and received a solicitor letter dated 28/06/16 requesting maintanence of £750 per month and giving me 14 day's to respond. What is best way of contesting and asking for more time to get legal advice
Customer: replied 1 year ago.
My basic 4 weekly net salary is £2,500 and a conservative estimate of outgoings is £1,950.
This is my 2nd marriage and married 30/07/2010 no children, estranged wife works part time and was looking for full time work prior to separation..her net income is £450 per month.
She has given up the rented marital home and is currently living with a family member. I am in a rented flat with my 21 year old son from my 1st marriage
Customer: replied 1 year ago.
Also I have walked away from the marriage with all debts and she has taken all furniture which I am still paying for on my credit cards.

Hi, thank you for your question. Their demand at this time is unreasonable as you cannot make an informed decision as you first both will 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. The criteria considered 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.

If you have any further questions regarding this please let me know. In the meantime 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 answering your question without a positive rating. Thank you

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