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Hi
I am after some advice if possible. I am due to go to financial court on Monday for a second hearing. I have just received paperwork from my wife’s solicitor detailing what they want out of me financially and I am now worried about what could happen.
A bit of background
My wife and I separated in Nov 2015 after 7 years of marriage. The marriage just broke down, no third parties or anything involved. We have three children aged 11, 7 and 3. Divorce was granted last year and I had to go to family court to get a court order to see my children as she refused to allow me to see them. She still lives in the family home which is a three bed house with the children. The house was valued recently for court purposes at £380,000 and the joint mortgage is worth £204,000. We both have pensions although hers is considerably smaller than mine. She has not worked since 2012 and now attends college three days a week doing a beauty course.
I work full time and I currently rent a room with a member of my family.
My average monthly wage is £2000 and I have little to no money left every month. However my ex wife is going for spousal maintenance starting at £150 a month for one year and then rising to £450. The raise is because I am currently in an IVA and this expires in 2019. They are saying that once this expires I have more money to give her!!
They have said that the house is to be transferred into her name now (physically can’t happen surely as she doesn’t work) and then the house will be sold when our youngest child reaches 21 with a split of 70/30 percent of the equity in her favour.
I have asked for the sale of the house now at a 60/40 split in her favour or 50/50 when the youngest reaches 16/18 out of full time education.
Surely this can’t be realistic what they are asking for. How am I ever meant to move forward with my life and save to get my own place. I already pay just over £600 child maintenance.
Any help or advice would be greatly appreciated as I am worried now for Monday. I am representing myself as I just can’t afford a solicitor anymore.
Many thanks.
Hi There,
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Her solicitor is trying to get everything they can and going all out.
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Very few people manage to get spousal payments through the courts and it would normally depend on the income of the person being claimed against from what you have said your wage wouldn't warrant a spousal arrangement.
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Signing the house over to your ex would mean that she would need to be able to take the mortgage over on her own which it doesn't sound like she could.
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It's a shame you can't afford legal advice as I think you could do with some, I'm not legally trained and can only offer my opinion and experiences.
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GTTS
I agree with GTTS - you need proper legal advice, and we don't have the expertise on here to deal with divorce and financial settlements beyond the basics. You can get legal advice from a solicitor, but do most of the work yourself, which will keep the costs down, but I think if you get it wrong at this stage, it will cost you far more than you will spend on a solicitor.
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