my decree nissi is due to be awarded 26th nov 07
my husband has a hot shot solicitor i have what i can afford!!!! i filed for divorce on unresonable behaviour grounds. my husband currently works full time is only paying half the mortgage and has not given me any money for our four year old for the last year as he says he cant afford to do both.... i am paying to maintain the house plus our four year old school fees and i have a 18 and 16 year old to support. currently in process of moving i lived in home 12 years my husband and i purchased ex council house together 4 years ago. he has agreed to a Clean Break and i get 70% he gets 30% of equity as i need to purchase a three bed home to rehouse myself and children, no third party involved. please advise what i am entitled to from him for our 4 year old such as maintenance school fees supporting me etc........ he has asked for a court order ? please advise urgently as decree nissi monday
i work part time and receive ctc . mortgage in arrears and i am living off overdraft.....
well 70/30 sounds reasonable but u could try for 80/20!! However u need to give some figures in order to gauge what sort of order the court would make. If there is not enough equity to at least let u sell up and buy something suitable for u and kidz and to give your ex his share immediately u will be able to stay in the family home until your youngest is either 17 or when he completes full time education. Then possibly depending on the agreement the property would be sold and u would both get your respective shares which in case of your hubby would be at least 14 yrs lol. child maintenance is seperate and if need be approach CSA and they will assess your entitlement (15 percent 1 child 20percent 2 25 percent 3) I think!! I'm not an expert but I kind of went through your situation so if I can help further let me know. Good luck Carys xx
Sorry another thing I meant to say is do not get the Decree Absolute until all finances have been agreed and a Consent Order drawn up and filed at court as if that happens it could bar u from making any further claims
The first point is that it is most important that you have applied for ancillary relief in the petition ; but as you have a solicitor acting, I think it is reasonable to assume this will have been done.
The second is that the information you have supplied is not adequate for me, or any poster on this site, to advise you on what you might get.
Have you and your husband both filled in a form E ? If so, you should have a good idea of the financial situation of the parties.
The first issue to consider, where there is a dependent child, is always child maintenance Normally child support is calculated by reference to the CSA formula, which is statutory and the Courts have little discretion in the matter. The CSA website incorporates a calculator which will give you a fair idea of your entitlement and his liability. By the way, are the older children from a previous marriage ? There are some limited circumstances where the Courts can deal with child maintenance.
You mention a Clean Break. That would suggest to me that you have agreed to forego any claim for spousal maintenance. I can't comment on the fairness or otherwise without knowing your respective earnings. I think I should say that some district judges are known to insist on what is called a nominal order when there are young children involved, as here. A nominal order means that yout x2b pays nothing or only a paltry sum like £1 per year, but the point is that it can be varied at a later stage if, for example, you fall on hard times. My understanding is that one cannot get a clean break from one's liability to maintain one's child, as the formula is in effect a statutory obligation.
You do not mention pensions. Does your x2b have one ? Have you at least considered the possibility of applying for a share ?
One piece of advice that I can give you is that you should consider your potential entitlement to benefits - in particular tax credits - which may augment your income quite substantially. Get an appointment with a CAB for a full benefit check.
If you would like to send a PM, please feel free, but at the risk of stating the obvious, you do have a solicitor acting for you.