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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34106
Experience:  25 years experience of all aspects of family law
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1- I live in my property with my son's and I am working very

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1- I live in my property with my son's and I am working very hard to maintain the standard of living they use to with almost no contribution from him, and also I am trying to plan for their future.ie high education is not cheap and my eldest now is 13+. ( How can I buy him out and why, if paid nothing towards this flat???
2- He is very able to work hard in order to secure
His future dream home and pension if that is what he wanted....why should he share my pension, as I need what ever I worked really hard for me and the kids.
Please advice!

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?

Customer: replied 9 months ago.
I live in London, the property worth about £450000, the remaining balance is £105000 and My mortgage will end in 2025.

How long were you with your ex - and were you married?

What other assets are there?

Customer: replied 9 months ago.
I was married to him for 11yrs & 6 month, also I have my pension which he wants his share of!!!

How old are the children?

Customer: replied 9 months ago.
I have two sons and they are 13 & 8 year's old.

How much would you need to purchase a cheaper two bedroom property in the same school area?

Customer: replied 9 months ago.
There were a house for sale just opposite to my place for £650000, also I am thinking a head as in a few years time my eldest will be going to higher education so I am hoping to be able to afford the cost of it.

What capital did you and your ex each bring to the relationship?

Customer: replied 9 months ago.
He has paid nil capital, no mortgage, he was living rent free for the full length of our marriage, the only thing he was paying for is half of the outgoing bills.

Where did your capital come from?

Customer: replied 9 months ago.
My parent paid the deposit and I applied for mortgage which I am still paying for on a monthly basis.
Customer: replied 9 months ago.
Also, I bought the property 3 years prior to my marriage.

All of that helps!

You mention pensions - what income do you each have?

Customer: replied 9 months ago.
He is self-employed so he basically paying the minimal for Tax & National insuranse & I don't think he has got any private pentioner and during our mediation session he didn't reveal any details about his saving even his expenses was undocumented, that is why the mediator ended the session due to his uncooperative attitude.
As for me I think I have about £35000 in my pension.

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

Customer: replied 9 months ago.
Sorry, I don't understand - what is Form A & Forms E ? Can you explain please.

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

https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf

and the Form E is the list of assets and income that you complete as part of the process

https://formfinder.hmctsformfinder.justice.gov.uk/form-e-eng-20160121.pdf

Customer: replied 9 months ago.
Also, we agreed verbally that his contribution towards the kids will be ,£200 a month until he sort out his accommodation etc. He carried on paying this amount for 8 month then stopped for 20 month, then I CONTACTED CHILD MAINTENANCE AGENCY, only for him to pay £32.50 smooth according to his inland revenue statement.
My question is, will I be able to claim back from him the amount he owed me before he start paying the current £32.50 of which will be 20x200= £4000

Have you asked for a reassessment based on the fact that he receives dividends?

Customer: replied 9 months ago.
Sorry, I am not sure what dividend ?

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

Customer: replied 9 months ago.
I received today letter from his solicitor requesting the sale of my flat so I can give him 35℅ of the equity + his share in my pension........he is a real parasite as I described him.......I am thinking of making offer to him so we can finalise the finance and carry on with the divorce proceeding..
How much do you think I should offer??
Bearing in mind that I am carrying the full responsibility for the kids and the mortgage awaiting your response soon please...Thank you

Write back and say that you will consider the matter after t heir client has made full financial disclosure

Clare and other UK Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you.

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