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What are we each entitled to in our divorce settlement?

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My x wants 50% of FMH

  • zainy
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05 Mar 08 #15907 by zainy
Topic started by zainy
I've just recieved a letter from my x asking for 50% of the FMH or failing that, they will file for Clean Break Order.I've been married for 22years ( even though he spent most of them overseas) and have 5 kids ( 22, 21, almost 18, 9 and 2) all living and supported by me. Older two girls in uni and depending on me for finance( one 4th year Med and the other 2nd year LLB), its expensive!

He has a house in his sole name here and an estate overseas( which he has not declared).FMH is in joint names and is mortgage free.I work full time for local gov and he works for some indian resturant as a chef. His employer has downsided his salary and he is claiming poverty.

He is also denying being the father of my last child to get out of maintenance and to ruin my character in the family.He has never paid for anything ( including FMH ).Has anyone been through similar situation, any advice would be welcomed and appreciated.

I applied for Divorce on unreasonable Behaviour (domestic violence) and am still awaitng for DN to be issued.

  • dukey
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06 Mar 08 #16000 by dukey
Reply from dukey
Hi Zainy

Bit supprised no one has answered this one yet HELP OUT GUYS

A few quick pionts

he cant have Clean Break as you have kids under 16 (18 if in full time education)

he cant ask for anything untill you have nisi

You can apply for SM and CM if you have not as yet

He must include all his assets on form E

You can ask for a DNA test if you so wish

pigs will fly before he gets 50% of the FMH

Any other advice out there please

dukey

  • LittleMrMike
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06 Mar 08 #16012 by LittleMrMike
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If you have a young child living with you it is a virtual certainty that you would have the right to live there until your youngest reaches 18. After that there could be an order for sale and division of the proceeds, but if he has secure accommodation it might - just possibly - be a case for what is known as a Martin order, which means you can live there indefinitely. I agree, there ain't no way he'll get 50%.
And he'll have a long wait for what he does get.

I doubt very much whether he would get a Clean Break. Courts are very reluctant to make such an order where there are young children.

He can't get a Clean Break from his duty to maintain his kids. The point is that the childrens' needs are far more important than his needs for cash.

Mike 100468

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