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is there such order as an \"order to work\"

  • dezpemberton
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1 year 3 months ago #508168 by dezpemberton
can a court order you to work having been on JSA and there has been no effort to obtain employment and now if you want a property in a financial settlement how are going to afford to maintain it even if the £400 a week for a week for a 3 bedroom property with front and back garden and off road parking in a sought after area for a term of 11 years until the interest only mortgage comes to an end and your age is 52 and you have no illness and no disabilities and your only excuse is you have high blood pressure and you have been out of work for 20 years

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  • rubytuesday
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1 year 3 months ago #508178 by rubytuesday
Your spouse would be expected to maximise her earning potential as far as possible, but a court can't force someone into work, or order them to take a job.

However, you need to be realistic about your spouse's employment prospects; she hasn't worked for 20 years, and unless she has a much desired skillset, it will be difficult for her to find work that isn't either part time, or pays more than the minimum wage. Some time to retrain, or update her skills might be necessary to help her enhance her job prospects.

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1 year 3 months ago #508211 by dezpemberton
how does the judge see this, does it work in her favor relying on the state and having mortgage free home or making an attempt paying a small amount towards a mortgage albeit for a short time just trying to think if stopped working would it even up things (being devil's advocate now)

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1 year 3 months ago #508213 by rubytuesday
That wouldn't provide you with any kind of advantage at all. All it would look like is that you have given up a job simply to try to gain some kind of financial advantage. Even if you did give up your job, the Judge would want to know why, and you too would be expected to maximise your earning potential.

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1 year 3 months ago #508220 by dezpemberton
thankyou i am just thinking of of some scenarios and the avoidance of a final hearing, can you play judge for a moment; 3 properties one has been sold and has 90k equity in holdings with CGT still to be paid, inherited house has 200k worth of equity 2nd house has 300k worth of equity there is 30k joint debt that has to be paid which is in my name, i keep my inherited house and the equity from sale of house and you keep 2nd house clean break order does that sound unreasonable ?

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  • hadenoughnow
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1 year 3 months ago #508221 by hadenoughnow
The question would be affordability. Can she afford to keep the second house? Or is the equity from it enough to rehouse her mortgage free?

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1 year 3 months ago #508227 by dezpemberton
300k is enough to buy a house mortgage free there also also is enough equity from sale of 1st house 90k to pay for the mortgage for three years until last child is 18

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