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08 Mar 08 #16188 by DONNA5287
Topic started by DONNA5287
What is the legal entitlement regarding divorce - when it comes to money/maintenance etc and paying for an ex spouse & children???? can a woman stop a husband seeing his children? and does a husband have to pay for an ex wife when they divorce?

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08 Mar 08 #16196 by Fiona
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First of all, no, a woman can't stop a father seeing his children although common sense needs to be used to negotiate arrangements that work for everyone.

In principle all the his/her/joint/business assets are added together minus any debts to form the matrimonial 'pot' to be shared. In England & Wales the first consideration with sharing the assets is the welfare of any children of the family but under s25 Matrimonial Causes Act 1973 there are 8 matters to take into account.
    the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

    the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

    the standard of living enjoyed by the family before the breakdown of the marriage;

    the age of each party to the marriage and the duration of the marriage;

    any physical or mental disability of either of the parties to the marriage;

    the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

    the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;

    in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit F4. . . which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

child maintenance is normally paid according to CSA guidelines www.csa.gov.uk

Spouse maintenance is usually paid according to the need of one party and the ability to pay of the other according to s25 principles above.

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