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Clare, I have questions about likely outcome of court order…

Clare, hello. I have questions...
Clare, hello. I have questions about likely outcome of court order and how to apply for this myself. I have pretty much rough facts of our finances but he won't agree form e exchange. Questions about my inheritance, sale of family car, pension etc.
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Customer reply replied 6 months ago
I will provide specifics shortly as want fairly specific range I can expect on issues of inheritance, getting half family car, my pension as I paid child care and aupair. He had sex at hone instead if fulltime working etc. Instead of working full-time. Not exact stay at home dad.
Customer reply replied 6 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 6 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 6 months ago
I've paid.
Customer reply replied 6 months ago
Order Id(###) ###-####170 need UK solicitor. I'd like clare she was online.
Customer reply replied 6 months ago
PS phone insisted a 1 as country code but its 44. I can talk tonight or email as work fulltime.
Customer reply replied 6 months ago
Married august 2001. Separated May 2016. Divorced march 2017. W girls almost 13 and 14 years. We all moved to Thailand Aug 2015 and sold most of family stuff and shipped rest and rented house. Tenancy has 10 months left. House value £350k. After fees, mortgage is £315k equity. We have deed since married as I put more equity in, 59% my share. Its updated each house move so been signed 3 times. He wants half even though I have kids and reasonable 3 bed in catchment 300-400k. He barely ever sees girls. They never stay at his as he was still in Thailand a year after we returned (I have written email where he agrees best girls and I returned UK). He then moved to Guernsey.He earns 47k plus small housing benefits and had relocation package. I earn 32k. We are both teachers. We both work fulltime. My salary lower as I work in private sector due to stress and having kids without help. I was on 44k as deputy and 40k as head of phase but had to get easier job and put career on hold as too stressed.Whilst married we both had sane chances to work but he preferred to work part-time so had sex in day. Obviously I didn't know! I paid fulltime registered child minder and live in aupair who testified ex did nothing as stay at hone dad. He now wants half my pension.I have about 75k more than him but my pension just dropped as final salary scheme and salary just dropped hugely. He agreed he would not claim by pension as knew he was morally wrong. Even in mediation. But now changed his mind....Also we owned family car 9k in Thailand owned jointly he sold it. Kept all money. I want half.I paid all shipping and dogs and got in debt as had no salary 3 months, no hone, car, furniture and had to get hone. Would court likely order he refunds half (he was earning £2500 net pcm at time in Thailand saving money).My dad died and I got money 2015 £14500 which I paid off interest from interest only mortgage. We both agreed that would be refunded on sale in full. But now he refuses. Would judge order I get it as he agreed that with me. Even in mediation was recorded.that broke down however.What is likely to happen after court? I have £19k family loans with agrrnent in place, traceable to my account, used to paydepoait on house I live in. This house tiny, on grim estate but couldn't afford rent in catchment and was getting more debts. My family had to help but this house is no means like anything lived in before! Nor in catchment. I also have £5500 remaining on car finance as he kept family car.Rent from family hone profit was £3000 which he agreed I keep as I have to manage it.What do you think I should offers expect accept. He wants half of everything!What forms do I need to start court order? I also want to change court from where divorce issued to locally to where I am now. What form is that?
Customer reply replied 6 months ago
PS he rents 1 bed beautiful flat in Guernsey and is 58 and I'm 48. We have always had really high standard of living as also lived in UAE and I paid off most of mortgage £125000 whilst there from my huge salary as deputy of large school.I'm in t represented, he is.
Answered in 1 hour by:
11/12/2017
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,214
Experience: 25 years experience of all aspects of family law
Verified

Thank you for your question and for asking for me

Do you not wish to return to the former matrimonial home?

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Customer reply replied 6 months ago
No. We gave agreed to sell it but not the split. I live by my family now.
Customer reply replied 6 months ago
Its***********but I work fulltime so can you call after 530 tonight? Thanks. Is it 49 on top or 49 instead of 32…¿
Customer reply replied 6 months ago
I'm available now if you are Clare.

Are you aware that the site charges extra for a phone call

For clarity - how much will you need to rehouse yourself and the children?

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Customer reply replied 6 months ago
Is it 49 extra for call on top of 32¿
Housing is minimum £300k, £350 similar but smaller not as good location, £400 nice 3 bed equivalent location, views. I'd be happy arguing 300_350. £350 more realistic.
Customer reply replied 6 months ago
PS just had financial advice I can borrow £41k he can borrow £70k on our incomes, circumstances, ages over 5 years is til girls 18.
Customer reply replied 6 months ago
I do not want any charge as thats him controlling mY future. Can I argue that? Thought if I stress final break will I get worse deal? He rents 5 year contract guernsey.My pension about 212k. His about £140k but I had more I think when I met him. Thats 23 years worth for me. 11 years from marriage as we were overseas.

Yes I am afraid that it is extra not instead of

For clarity are you renting your current home or have you purchased it?

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Customer reply replied 6 months ago
Let's Just message then for now as just looking for idea of judge ruling worst, best and most likely ruling idea and how to get forms\specifically what forms....I've bought it. Mum loaned deposit so I owe hee £15000k, sister stamp duty\costs £4000 - value £180k. Mortgage - £162. But its horrid house in horrid area, out of catchment. With pay cut there was just no way could have stayed in rented at £1200 and nothing cheaper in catchment.I remortgage now I'm on lower income I can only get £41. This mortgage is over 20 years or so¡ I want out of here. Rough estate right next to us. Kids won't go out. 40 minutes to school and out of catchment.

How much is the current property worth?

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Customer reply replied 6 months ago
Value £180 as given above my little horrid one. Family home £350k

Sorry - so you did it was a little lost in the figures

The starting point for division of the assets in a long marriage is 50/50 and the family court does not have to take any notice of the Declaration of Trust.

The fact that you have the responsibility of the children makes a 60/40 split in your favour feasible - especially when you factor in the money that you used to pay off the mortgage and the original investment

The problem you face is that you have borrowed from your family before and this will be seen as a resource that is still open to you in terms of rehousing yourself and the children in a more suitable property - although your housing needs will have less relevance since you are already housed

On the pension point again the starting point would be a 50/50 division but you have a good chance of arguing that it should be less especially as part of the overall financial settlment

The form you need to start the process is a Form A available here

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

The fee is £245

Since neither of you are now resident in the court area where the divorce was issued you can ask for the matter to be transferred when you put the applictaion in on a Form D11

I hope that this is of assistance - please ask if you need further details

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Customer reply replied 6 months ago
My mum is almost 80 and left her money to her husband of 20 plus years who is late sixties. How can I show that has to be repaid robustly perhaps including her bank savings might help? Think she gas about £80k which she lives off as only minimal lowest pension. That money also left to her hubby. House in tryst for us 2 kids after he dies. So don't think borrowing is at all likely it was only as I was in debt £1000 more every month as rent was 50% of net salary. That was only house could rent and 3 bed.Will they care at all that we had child minders, aupairs living in who testified in writing he did scrap nothing but sit around, read, on computer etc whilst not teaching fulltime or had no job?
Customer reply replied 6 months ago
Do you think I have chance of 75% as he could get 1 bed with his little mortgage and I would have just enough to get 3 bed IN catchment as currently hour journey for kids...

I will be honest and say that it is very unlikely - not impossible but unlikely.

Make sure you have a medical report confirming that you are no longer able to work at the same level as before

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Customer reply replied 6 months ago
I was only temporary contract but yes I was having therapy for anxiety and stress going 12 hours away from home and daughter only 12. Isn't that enough? When we were married my last job was sen teacher 3 kids even easier....What would you recommend I ask for? What's good and bad expectations deal? I asked...
59% no pension share he said no!Then I found out price of houses so asking
75% no pension share but ignore my debts, his savings, family car but give me half inheritance back and £1000 maintenance for me and kids ideally in £60k lump.He has big salary, renting so good for him I thought? He never has kids except 1 week when he cut maintenance in half. He pays £575 pcm now.
Customer reply replied 6 months ago
what's worst I would get? What's likely best?

I would expect 60/40 in your favour and full and final settlement (other than child maintenance) is likely to be the worst case scenario.

best case might be 70/30 on the same basis

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Customer reply replied 6 months ago
pension if about £70k difference but he has savings, I have debts will they pension share? What sort of maintenance would there be? Just 20% or some for me? What about inheritance of £14500 from 2014? Thank you for help and advice...

No I think that 60/40 would be full and final - no pension share and certainly no spouse maintenance

The child maintenance is 16% of his gross income (at most)

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Customer reply replied 6 months ago
Thank you very much. Finally do you know if the wiki divorce calculate has any correlation to court orders as came out 70 30 to me with huge monthly payment from him of £1600.I will ask for 59% no pension share again which is all I asked for 18 months ago and he's going for 50% from his solicitor with pension share. Why is his solicitor holding out for that?

NO it has very little relevance to reality I am afraid

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 35,214
Experience: 25 years experience of all aspects of family law
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Category: UK Family Law
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Experience: 25 years experience of all aspects of family law

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