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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Dear Solicitor, I am going through a divorce, the child

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Dear Solicitor, I am going through a divorce, the child matters have been resolved in court but the financial aspects are dragging on a becoming unnecessarily expensive, I am thinking of representing myself on the solicitor but likely with a barrister in court of needed, please advise?

Hi, thank you for your question. Please confirm if you are in England or Wales and what assets and income you both have?

Customer: replied 1 year ago.
England and Wales, assets are around 200K my income is ca. 80K and my ex is £10K although she has the capacity to earn more

What are the assets, and are there any liabilities?

What are the arrangements for the children?

Sorry, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.

Customer: replied 1 year ago.
property mainly, yes some liabilities, plus a gift of £70K, which the ex father-in-law is bringing up now after 12 years
Customer: replied 1 year ago.
child arrangements are 50/50 after*****appearances

How much mortgage is outstanding on the properties and what is the total equity? Is the £70k gift still available as an asset?

Customer: replied 1 year ago.
420K total equity is ca, 230K

Thank you. As part of the proceedings you do not necessarily need legal representation, but solicitors are helpful in the paperwork and legal process outside of work, as well as assessing and analysing the finances, and barristers can help to represent you at the hearing.

You will both 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. 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.

The matter can get fairly complex when finances are involved and it may be in your interest to have representatives throughout, especially given there is significant assets involved.

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

Customer: replied 1 year ago.
Ok thanks. I know all this already, but it has been helpful to get a different take on this. I believe most of the work I can do myself as my current solicitor is really acting as an expensive proxy and shuffling papers at a very expensive cost to myself. I will seek barrister support for next hearing in court

No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris
In the meantime if you found my information provided helpful please could you rate my response positively using the stars at the top as I will not be credited for answering your question without a positive rating. Thank you

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