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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My wife and I are going through divorce. We are currently living

Customer Question

My wife and I are going through divorce. We are currently living in the same house with our two boys 8 and 6. My wife wants me to move out. But I have refused until the house is sold. My wife has threatened to move out and take the boys with her. Can she do this? She says she will not grant me access to the boys until the court has made a decision about access. That she will be claiming extra money from me to pay for her flat etc. Can I stop her (via a court order) from taking the boys from our family home? Is there a maximum maintenance that she can claim from me? If I don't move out it will it go against me in court? Can I apply for a Cafcas report at any time? My wife is in a new relationship and numerous times has gone away for weekends / gone out evenings with little notice leaving me to look after the boys. I have dates recorded. During term time I pick up the boys fours days a week and cook them dinner, plus take them to school one day a week. My wife covers the other days. Will this help my case if I have to go to court with regards ***** ***** my children?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will 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 mortgage?
What other assets are there and what income do you each have?
Customer: replied 2 years ago.
Hello Clare. My wife is 36. She is Polish. I am 53. English. We were married in 2005 in Poland, We have two boys 6 and 8. The house is worth £320,000. Outstanding mortgage is £70,000. I have a pension worth £35,000 that I contributed from 1987 to 1994. I have £12,500 in my bank account which is the remainder from sum received in 2013, from 25 year endowment policy started in 1988. My wife owns part share in her family home in Poland. I worked in the USA from 1994 to 2001. I cashed in my USA pension and all my savings from the states for a deposit for the house. £84,000. During our marriage I have worked and paid the mortgage, including over payments from company savings investment plans and windfalls totally £35,000. Also received £7,000 from my sister for my 50 th birthday, which has gone. My wife has worked on and off during our marriage. I earn £42,500, plus 5% pension from my employer (plus 4% contribution from me) she earns £26,000 plus 10% annual bonus and 10 % contribution from her employer to a pension (plus she contributes 4 %). We have gone to 5 mediation sessions. My pension from current employer is £50,000. My wife has made no financial contribution to the house. I respect she has made contribution by way of looking after the children while I worked. My proposal is that the starting place for distributing money from the house should be = sale value of house minus the remaining mortgage minus the deposit I put done, all divided in two. My wife gets this figure plus half the pension I acquired during our marriage, plus her share in the house in Poland is unchanged, plus half the car etc. The other calculation suggested by the mediators is to add mortgage valuations together plus equity and divide by two. Maximum term mortgage (and pension) I can get is 14 years, my wife can get 31 years. My wife is asking for 60% of the equity from the house and to go part time. I believe her plan is and has been for at least 4 years (possibly much longer) to move her mother over from Poland, possible her brother in (who lives locally) and work full time. My wife wants the boys to live with her the majority of the time. I believe it's important that they spend significant time with me, to balance out exposure to Polish and English. She hard to negotiate with, in transient, closed, doesn't submit any tangible ideas. She has been slow to make her financial declaration. Her pay slips read low as she wasn't aware she is on emergency tax?? She moves money between banks accounts and credit cards, so it's impossible to track where the money is going. Has given me incomplete statements, credit card statements instead of bank statements. We agreed to go to Nationwide together to get mortgage valuations so we can proceed with mediation, she cancelled twice. It feels like she is stalling the process. She is now saying that this next mediation session will be our last and if no agreement she will be taking me to court. I would be interested in your thoughts with regards ***** ***** financial settlement and residency for the children.
Expert:  Clare replied 2 years ago.
How much does a cheaper three bedroom property in the same general area cost to buy?
Customer: replied 2 years ago.
Good morning Clare. Three bedroom / two bedroom houses are available within half a mile of the boys school for £220,000. Since we have two boys, would a two bedroom house be acceptable?
Customer: replied 2 years ago.
Hello Clare. Did you get my reply to this answer sent 9 th August 02:22 EST?
Best regards
Customer: replied 2 years ago.
Relist: I still need help.
I'm confused I answered Clare's questions but have not had a reply. It has been a week since I first submitted my question. Please advise.