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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I am speaking on behalf of one of sons regarding his wife

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good afternoon i am speaking on behalf of one of sons regarding his wife wants to buy him out of the marital h she is trying say he is only entitled to £2500 that come he gave her £10k to ward deposit she refurbished the property wouldnt let him put a penny towards getting the property done up she is saying he is only entitled to £25000 tis this a fact thought he would be entitled to alot more poor lad he is having to get a flat now through all of this
JA: Where are you? It matters because laws vary by location.
Customer: blackpool lancashire
JA: What steps have you taken so far?
Customer: he has just listened to what she has said and wants advise regarding what she wants to do and how much money she wants to settle with him
JA: Anything else you want the Lawyer to know before I connect you?
Customer: do u that be best to explain to him

Hi, this is Jim, one of the experts on Just Answer. I’m sorry to hear of the problem and will do my best to resolve your issue today. Please feel free to ask me anything to clarify the answer.

They are married, so the property is the matrimonial home. The court's starting point is actually 50/50 of the property, though contributions to the purchase price are also taken in to account, as is the length of marriage and a few other factors such as their ages and earning potential for example. They need to get 3 valuations for the property and work out the equity - 50% should be the starting point.....

The court will consider the factors contained within Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your husband), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, any medical needs and so on.

The starting point is 50% but if there is a disparity in earnings or you have paid more in the way of mortgage/rent, etc, you can ask for more than 50% of the former matrimonial home. It would be worth speaking with her to see if she would agree to any split without having to involve the court. The more that can be agreed without the court's involvement, the better.

If nothing can be agreed then you would need to issue financial remedy proceedings once decree nisi comes through (if you start divorce proceedings), or obtain a decree of judicial separation, so you ask the court to become involved in a financial settlement as well as the divorce.

Before you involve the court with the finances you need to contact a local mediator which is compulsory before you ask the court to intervene in the financial aspect. You can find a local mediator here : https://www.familymediationcouncil.org.uk/find-local-mediator

Assuming mediation fails or your Wife doesn't agree to mediation then you will need to issue financial remedy proceedings and you would need to complete and send two completed copies of Form A (one copy is attached) to your local family court and pay a fee of £255 payable to HMCTS. If you are on a low income or have low savings you can ask the court for help with the fee here https://www.gov.uk/get-help-with-court-fees

The court will then list a first appointment and give directions for a financial dispute resolution hearing (FDR) where the judge will give their opinion on a likely settlement - which usually prompts a settlement at this stage. The court will ensure the parties make full and frank disclosure of their assets and liabilities to ensure the financial positions of you both are known and to allow the court to make a settlement decision. If the case does not settle, further directions will be given and a final hearing may take place if neither of you can agree to settlement terms.

To apply for a judicial separation, the site is here: https://www.gov.uk/legal-separation

To apply for a divorce, the site is here: https://www.gov.uk/divorce

And for information on a financial order: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 9 days ago.
thank you for ur time i shall tell him

Thanks, ***** ***** have the chance would you mind giving me a positive rating for the answer (the site will then credit me for my time). There should be a rating system at the top of the screen. Any other queries please let me know.

Many thanks,

Jim

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