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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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My partner separated from his wife nearly 2 years ago, they

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My partner separated from his wife nearly 2 years ago, they have a 10 and 13 year old. The wife lives in the marital home wth the children and her new partner who has lived there for a year now.
My partner is still in the mortgage paperwork but doenst pay it. The wife is fortunate that her mother pays the mortgage.
Cna my partner legally get off the mortgage now and force her to buy him out?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Have they divorced?

-Have either of them remarried?

-Has there been a financial order approved by the court?

Customer: replied 1 year ago.
HIThey are not divirced, neither are remarried although she is now cohabiting with her new partner in what was the marital home.There is nothing formal in place, all that needs to happen (or whatever is needed to get full financial settlement if possible). There are therefore no financial orders in place.thanks

Thank you. As part of the divorce they will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining their respective financial positions).

If mediation does not progress he should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

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 their needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters 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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