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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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Son and wife divorcing. He only earns 25k per year but has

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Son and wife divorcing. He only earns 25k per year but has been told wife can remain in family home, jointly owned, and he must pay mortgage till children(2 under 4) are 18. Is this correct? Thanks

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are they in England or Wales?
-How old are they both?
-How long have they been married?

-What are the proposed arrangements for the children?

-What is her income?
-What is the value of the property, and what is the outstanding mortgage?
-What other assets and pensions do you both have (both sole and joint), together with values?

Customer: replied 1 year ago.
Both in England, son 35, wife 32. Married 11 months. Children to remain with mother. Wife's salary 13k. Property value 170k, mortgage100k. Son put in 60k deposit when house bought three years ago. Wife has car worth 4K. No other assets.

Thank you for confirming. Firstly, as they have only been married for 11 months they cannot pursue a divorce. The minimum time must be 12 months of marriage before pursuing a divorce.

Secondly, there is no automatic obligation for him to meet the mortgage payments and allow her to remain in the property however, given she is to be the main carer for the children there must be a reasonable provision for the children's housing needs to be met and the first option would be his property. If she is unable to afford the outgoings on the property she can seek payment of maintenance from him, but if he is unable to provide this and also meet his needs, then there has to be consideration for the property to be sold and division of assets between them.

They will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of their reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both the children's needs are met, as well as their needs 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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