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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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Is anyone available to answer a uk divorce law question

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Is anyone available to answer a uk divorce law question please
Customer: replied 1 year ago.
My husband and I have been married for 17 years. We have 2 children 10 and 13 .
7 years ago he was forced to take redundancy and then elected to stay at home and look after the children . He is now 49. He wishes to separate. I work as a doctor my net income is 100k . We jointly own a house probably worth around 600k and have about 5k mortgage . Currently we have 45k easily accessible in joint accounts and 35k in a joint company account ( I put my locum fees into it )
My husband was a marketing director befor he took up childcare . Up until then we both worked full time and shared the childcare . I have only continued to work full time as my husband was looking after the children . If he leaves I plan to reduce my hours ( which I can do easily) to look after the children at least 50% of the time.
When he leaves I can reduce my hours to take half the child care on . Currently our outgoing a are about 2k a month ( including mortgage ) . My income is currently about 8k a month . When I go part time to look after the kids that will drop to 5k a month.
1. When my husband leaves at present he will be unable to find a property for himself as he has no job . While we are still legally married can he continue to use the joint accounts to pay the rent and living expenses for himself even when I have the children half the time . I am particularly concerned that he will consider that he is able to use out lump sums to pay for his house.
2. If I don't want him to have unlimitted access to the joint account would I be expected to pay a spousal maintenance for him even on the days he does not have the children . Is the case both before and after a divorce. What if my husband does not start proceedings but just moves out .
3. The lump sums we accumulated were originally to do building work on the house . While we are separated before a divorce is granted can I continue to have the work done ( using the lump sum )
4. What is the likely proportion of equity split and can I stay in the house if I can afford to buy my husband out?
5. How much spousal maintenance am I likely to pay on divorce .

Hi, thank you for your question. Please confirm if you are in England or Wales?

Customer: replied 1 year ago.

Thank you for confirming and apologies for the delay in responding. I will reply in accordance with your numbering:

1. Given that you have now separated, you are within your rights to keep any income you receive in a sole account and you have no obligation to use the joint account. In relation to the amounts in the joint accounts, they are significant and you are both equally able to access it without the permission of the other - there is a risk that this may be used either partly or fully which you can apply to court to have an injunction placed on the account if you believe this will be dissipated unreasonably.

2.Spousal maintenance is in relation to his reasonable needs and, without a court order, you have no legal obligation to provide him any payments. He will need to apply to court for an order.

3. You can continue with any previous plans regarding the property - unless there is an order preventing you from using the funds.

4. The proportion is difficult to confirm without full and frank financial disclosure, but given the long marriage and three children, it is likely that the main carer will have grounds for a higher split of the assets - however, in your case if he has no income or capacity to earn to support himself he can seek spousal maintenance or a higher split of assets in lieu of spousal maintenance.

5. Again this is difficult to confirm as there needs to be disclosure of both your reasonable needs and income and it is usual if the payee has the sufficient resources to pay for the payor's shortfall between their income and reasonable needs.

I hope this assists you. 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 your question without a positive rating. Thank you

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