How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18742
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I have moved out of the family home as I have seperated from

This answer was rated:

I have moved out of the family home as I have seperated from my wife. I have 2 children ( 15+17). The mortgage is joint £1100 p/m.
Im paying rent now of £825 p/m and want joint residency of my children.
What are my financial obligations, as I dont want to be seen as not paying my way, nor do I want my ex taking advantage either.
Presently I'm paying £350 p/m to my ex.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

have you started legal seperation/divorce proceedings?

are you also paying the mortgage? can your ex afford to pay if you dont?

Customer: replied 15 days ago.
Im at Decree Nisi ( been granted). I can file for Absolut but need to sell house and agree financial split which is not easy.
Im paying £350 towards maintaining but as im having children all the time I want joint residency, so the £350 could be contributing to mortgage. I also pay extra for children's activities and music lessons etc
Customer: replied 15 days ago.
I believe she can afford it but need to see her financial disclosure to prove this.

To draw a line under the finances you will need a financial order.The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.

Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.

And here are the notes from the government on how to apply for a financial order:

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

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed.  Otherwise it’s a potentially expensive argument.

As part of the process, you would both be required to make total financial disclosure and swear statement of truth as to the authenticity of it.  It’s perjury to lie about the extent of assets.

The starting point for the division of marital finances is 50-50 and it is then adjusted up or down, one way or the other, in favour of one partner or the other depending on what the individuals put in at outset, the length of marriage and the time together before marriage, the needs of the individuals after the divorce, what savings, assets, pensions et cetera there are and also the ability of each person to work after the breakup.

The time which a couple are together before they get married will be taken into account because it would be grossly unfair if someone had been together for 30 years and then split up after being married for 12 months to have the finances treated in the same way as a couple who had got married not long after they met and were then divorcing after just 12 months.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but the bulk would be 50-50 and therefore one person may keep the house and the other for example could have the savings and the pensions.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

F E Smith and other Law Specialists are ready to help you