married 22 years, separated 16 months
2 kids 20 and 17 f/t ed both living with me in FMH
equity in FMH 30k
W living with partner mortgage /rent free
h earnings 14k
w earnings 7k (used to earn 16k but as taken a p/t job)
h pension 18k
w pension 22k
h debts 30k having to pay as much of the debt as possible,(now got bad credit rating) wife has not made any contribution for 16 months only £19 csa a week
w debts 0
h needs £1500 month to live in FMH minus 200 a month
w states she needs 660 a month and is £30 a month short
w as holidays and weekends away, nights out
h as no holidays and no nights out
W says she wants FMH selling as she needs money to buy a house of her own, furniture and a car
H cant afford to live any where else
the Divorce Calculator says that she gets 30% but as to pay me £380 SM how can she pay when she does not earn enough, i can just about raise the money to buy her out but at a higher rate because of bad credit rating. will they take into consideration that she as not paid towards the marital debt even though she could afford to but took a lesser paid job when CSA got on to her
If the debt is proven to be marital and not personal it should go into pot and taken care of by assets, But however if you have been paying them and can prove surely go in your favour... Also you have kids...good on you
i have debts of £7k on credits card which are in my name, i took her name off one to stop her spending on it when she left, the other one which is in my name only was used as an emergency if anything unexpected happened. i.e repair to house, cars or money needed on holiday. i didnt put her name on it as she would have taken it up to the limit like she had with the joint one. i have not used either credit card since she left but i have paid the repayments for as long as i could, but now i just pay a minimum so that i can continue to pay the mortgage and have somewhere for me and the kids to live. that was sorted out by the CAB who said she should be paying something. she said she would pay a secured loan but didnt pay it for 6 months so i had to prioritise. she was earning £90 a week more than she is now and could have paid but just refused too but as i am in the FHM they sent me the threatening letters. i asked her to sign a mortgage holiday.(told to f*** off) that way the mortgage would stay the same for 12 months and i could continue to pay the other debts. the total debt would be less than it is now as the mortgage as a lower interest rate. the martial debt is now larger than it could have been but if she had signed for the mortgage holiday she would have got a bigger settlement than the one she is now going to get as the debt would be less. what she as done is taken a job that now pays the same as her 'needs'so she as no spare cash to pay towards the debt and is also saying that her new partner is going through a divorce so his money cant be relied on to help pay towards her needs. what the bet that she goes back to full time work once the divorce is sorted.(plenty of jobs crying out for workers with her qualifications and could start straightaway) that will give her £400 a month extra money to continue living her high life whilst i have to take on more debt to buy her out or be homeless as i cant afford to live anywhere else.to buy a house that i need for me and the kids would mean buying the same house but due to the mortgage being small having had it for 20 years i would need a mortgage 3 times the one i have got now. i am expecting nothing and have to give her a lot, she as been working on her finances for over a year to get it to balance on paper i.e income/out going being equal
Good luck with First hearing. From my experience it turned out to be fairly easy going hearing. Took my Sol. along. We had a 30 min chat in private. my Sol. then had a chat with my X's Solo. Called before the DJ, both Sols. made their opening statements. Then extra/NON PROVIDED Form E evidence was requested, The DJ filled in the appropriate court form to ratify the requests made and set a time limit for same. 1 hour later out of court and on my way home.
I sure that as your son(s) are in FTE this will go a long way in your favour. You also have plenty of other mitigating circumstances that should help your case.
By the way took my absolute as soon as I could, I felt better!