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Form E , Capital needs and Clean Break

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15 Jan 08 #10745 by NonMolest
Topic started by NonMolest
Hi All,

I have been married for 2.5 yrs after that I moved out from FMH and living separately from the last 8 months. Divorce proceeding are on and I am at stage of filling form E. Just to tell everyone I am working full time (currently off sick due to depression) and my xtb is full time mother and not working. She received child tax credit and child benefit, she cant receive housing benefit because she is not permanent in UK. we have a kid, 18 months old. I am paying her 983 as maintenace every month. We dont own any house and FMH is rented accomodation and I also live in a rented accomodation.

Under section 3(capital needs) on form E, I was advised by TOPAZ (member of this website) to mention that I will buy 2-bedroom flat in future may be of £190,000 and hence I require capital for it. I had spoken to my solicitor today and she said, dont mention anything under capital needs and dont even go that route, because judge will say roof for your daughter is more important than ur capital needs. I couldnt understand fully.

Also I want court to make the order of "Clean Break", but my solicitor said, my case can't be clean break because it is a case of continuing spousal maintenance for another x years and both the parties have a right to vary it in future. I dont want that.

Can someone please advice whatever my sol is saying is correct or not?

Thanks
NM

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15 Jan 08 #10771 by NonMolest
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hi,

anyone please reply to my above query.

thanks
nm

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15 Jan 08 #10773 by topaz
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Hi,
I think we've misunderstood each other.what I said... you should claim for future rent if renting or mortgage if mortgaging.doesn't make sense not to.Having just read about your child then yes it makes sense what your sol said.Your child comes first.you'll need to pay maintenance etc so can see a Clean Break is not possible.Also if there is no capital raised from the sale of a marital home then you cant claim anticipated capital needs for yourself for a 2 bed property.I misunderstood as I thought there was a M Home BEING SOLD but now I know there ISN'T then there's NO CAPITAL from a house sale to split.So asking for capital for yourself would be seen in bad light as you'd be seen to be putting yourself before the interests of your child.

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16 Jan 08 #10778 by attilladahun
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Both parties are entitiled to reasonable accomodation

I don't know the capital in the case

In the form the Court is asking you to state capital needs -a house of say £190000 may be reasonable -you're not saying you want £190K from the pot!

You would be saying £190K is my housing needs to be met from your capital, a lump sum and no doubt a mortgage

I think there may be a missunderstanding...is your solr in essence saying W & C needs are such because W cant get a big mtge that she should get much of the available capital?

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16 Jan 08 #10780 by NonMolest
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Hi Attilladahun,

There is no capital at all in my case, no assets except my car of 1500 and 1K in my bank account.

I had around 25K intially, which was a loan on me and hence I repayed them back to my parents. I am in 13K debt (comapny loan and bank loan) now. Only earnings is my salary only and my xtb doesnt work and a full time mother.

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16 Jan 08 #10781 by NonMolest
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Hi Topaz,

a case can be either Clean Break or continuing SM?

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16 Jan 08 #10790 by attilladahun
Reply from attilladahun
It seems irrelevant then if you only plan to rent -capital needs may be money to pay off debts

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