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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 26951
Experience:  25 years experience of all aspects of family law
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Hi.I have been separated for nearly six years. When my

Resolved Question:

Hi.

I have been separated for nearly six years. When my wife and I broke up we lived in rented accommodation. I left that home with only my clothes and personal effects, leaving behind everything else, TV's, washing machine, freezers etc etc.

I was injured at the time and was out of work although I have always spent time looking after my children. I have ensured that my wife has had money each week for maintenance of my children and frequently take them away for holidays and trips, I provide for clothing and educational materials.

I now think it's time to move on, my oldest daughter is now 18 whilst my youngest is 11. The youngest stays with me one or two days a week. I have provided for her at my home, (which is rented), with everything she could ever want. I pay for her Gymnastics and other leisure pursuits.

I am currently saving for a mortgage which I am hoping to achieve by early next year.

What financial arrangements would my wife be entitled to? She has never complained about what I have been giving her each week to date and appreciates my kids get everything I can give them. But that's now and I wonder what she will be intending in the future.

Please advise.

Thanks.

Andy.
Submitted: 10 months ago.
Category: UK Family Law
Expert:  wendy-Mod replied 10 months ago.
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Customer: replied 10 months ago.

Hi, I am still waiting for an answer.


 


Thanks.

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Expert:  Fran-mod replied 10 months ago.
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Expert:  Clare replied 10 months ago.
Hi
Thank you for your question
I will be happy to assist you but I need some further information first
What assets do you each have and what income do you each have?
Claire
Customer: replied 10 months ago.

Hi Clair sorry about the delay.


 


We have no assets to speak of. I earn £400 p/w before tax of which I give my wife £65 p/w she earns in the region of £120 p/w as she only works part time.


 


My concern is that once we get divorced or Judicial Separation can she come back in the future and demand more? I need to start saving for a mortgage and may have a good business deal early next year if I continue to work hard at what I am doing.


 


It is worrying that she will only work part time, (no other reason for not working full time) and could potentially try and get more from me.


 


Please advise.


 


Thanks.


 


Andy.

Expert:  Clare replied 10 months ago.
Hi
How old are you both and how much could she earn if she worked full time?
Claire
Customer: replied 10 months ago.

I'm 47 she is 43 she could probably earn around £240 p/w if she wanted to work full time.


 

Expert:  Clare replied 10 months ago.
Hi
The only claim that your ex has against you is for child maintenance - at 15% of your net income - less 2/7 if the child spends 2 nights a week in your care.
There are no capital assets for division between you - and there is no liability for you to pay spouse maintenance
It would be sensible to start divorce proceedings and within those seek an order dismissing all claims that you have on each other
I hope that this is of assistance
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 26951
Experience: 25 years experience of all aspects of family law
Clare and 2 other UK Family Law Specialists are ready to help you

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