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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner and i separated 18 moths ago, we have started the

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Hi, my partner and i separated 18 moths ago, we have started the divorce proceedings, have a decree nisi in place and made a financial agreement before christmas in which we agreed that my ex would get 57% of the one financial asset after selling which is our house due to her having sole custody of our two children aged 13 and 11. She signed the agreement. We did not do a financial disclosure. The court has since looked over said agreement and the judge requested more information about our living arrangements after the sale of the house. I currently live with my elderly parents in a two bedroom bungalow, she remains in the four bedroom family home. I have continued to pay the mortgage and council tax on the prior marital home since we separated. She had told me via text she wishes to move away from the area and start again and couldn't afford to stay as she wanted a detached home. so that is what I wrote to the judge on advisement of my current lawyer. she has refused to get her own legal advise despite being urged to by my solicitor many times. She then decided to write to the court and tell them she wanted to stay in the area and couldn't afford to. She has undocumented mental health issues and her letter was all over the place contradicting itself repeatedly. My lawyer thinks the court will now disregard the financial agreement as her letter casts doubt and then we will have to go to court. He says that I may be forced to pay half the mortgage until mu youngest is 18 so that she can stay there. we have roughly the same income now. But throughout our marriage she never contributed financially at all. I can not stay living with my parents for seven years and will not be able to afford another mortgage or deposit for my own place if this continues on, i'm on my knees. My new girlfriend is pregnant and I have no idea what to do. I feel the current options my lawyer has presented me with are all in her favour, please help.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you. I am sorry to hear what is happening.

Please may I ask:

- how long were you married?

- what is the income for both of you?

- what is the equity in the matrimonial home?

- are there any other assets for both of you including pensions?

- has the Judge now listed your case for a hearing?

kind regards

Caroline

PS - I just need to nip out but will respond as soon as I can

Customer: replied 3 months ago.
Hi Caroline, thanks for getting back to me. I was married for 14 years. Both on £1500 a month, hers are partially benefits. £420K in the marital home. No other assets or pensions. Not listed for a hearing yet. Kind regards, Simon

Hello Simon

Thank you for your response.

Please do accept my apologies for not being able to respond to you sooner.

Please may I ask:

- how much would a 3 bedroomed property in your area be?

- is your ex working? is there any way she could bolster her own income?

- are you paying child maintenance?

- how much are the mortgage payments?

kind regards

Caroline

Customer: replied 3 months ago.
Hi Caroline, thanks for replying.Once our house has sold she could afford a 3 bedroom flat or terraced house outright at £240k without needing a mortgage within a 10 mile radius of where they currently live. She however wants a detached home which would require all the money. She is unlikely to be given a mortgage as she’s on benefits and such a low actual income.
My ex is currently doing her 16 hours a week work and receiving benefits. She refuses to work any more hours. Our incomes are the same at around £1500 per month
I was paying full child maintenance at £207 per month until I explained and had to prove to the authority that I was covering the whole mortgage, council tax and home insurance. They then reduced it to £7 per week. I have always been consistent with my payments.
The mortgage payments are £895.93 per month, the council tax is £189.32 and the home insurance is £41.70 as you can see that leaves me with next to nothing to live on.
Thanks, ***** *****Simon

Hello Simon

Thank you for your response.

The situation does seem rather unfair with the mortgage payments being so high.

You are probably aware that the courts main priority is the housing needs of minor children. From what you have said there appears to be sufficient equity to sell and downsize but this is going to mean that your ex might have to move within the 10 mile radius that you have stated. The children's schools are going to be a factor and whether they can still attend their current schools from a slightly outer location.

The key is arguing that downsizing is possible is getting lots of information on available properties so that a Judge would consider the current 4 bedroomed home as surplus to needs for your ex and 2 children.

You also need to argue that your needs to be bolstering her own income position as with the children at school then she could look for more than 16 hours work and you at least want to see some proof that she is making an effort to do this.

You do not have to accept that that house cannot be sold and downsizing happening, you can argue that it is possible and a Judge will have to make a decision.

A lot of this is going to depend on what your ex now decides to say in the future. It's likely the court is going to order a hearing in relation to the proposed consent order and if your ex confirms he agreement to the same at court then thi smay well be still approved.

I hope that this helps you

kind regards

Caroline

Positive feedback is gratefully recieved

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Hi Caroline, thanks so much, your answers are most helpful. Kind Regards, ***** *****

Thank you for your kind words. Glad I could help.

I wish you all the best.

kind regards

Caroline