UK Family Law
UK Family Law Questions Answered by Verified Experts
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Which part of the Uk are you in
How much is the property worth and how much is outstanding on the mortgage?
How long were you with your ex - and were you married?
What other assets are there?
How old are the children?
How much would you need to purchase a cheaper two bedroom property in the same school area?
What capital did you and your ex each bring to the relationship?
Where did your capital come from?
All of that helps!
You mention pensions - what income do you each have?
You have excellent arguments for keeping the majority if not all of the equity.
You have the care of the children, they need to be safely housed and you brought all the capital to the marriage.
That is the justification for possibly offering him a "token" sum.
However you do need full disclosure from him - he clearly has assets he wishes to hide and they may make a difference to what you are entitled to
Frankly given that the Court fee is only £245 (roughly two hours of mediation costs) it is worth completing the Form A and paying the fee and at least taking the matter to Exchange of Forms E
I hope that this is of assistance - please ask if you need further details
These are the forms what are part of the process of applying to the Court for a Financial Order
The form A is the applictaion form
and the Form E is the list of assets and income that you complete as part of the process
Have you asked for a reassessment based on the fact that he receives dividends?
I suspect that he has set himself up as a limited company which means he pays himself in dividends - it is a common way of doing things
Write back and say that you will consider the matter after t heir client has made full financial disclosure