Summary
Age of H
Age of W
Length of Marriage: 20 years +
So long marriage with children
So as a minimum –starting point 50%/50%
Big feature of the case will be meeting your housing needs by a lump sum being a minimum of 50% of matrimonial capital and your ability to raise a mortgage [say 3-3.5x so £60,000-£80,000] What is the costs of reasonable Housing for W and H?
W has child of 12 living with her
Incomes:
H £75,000
W£20,000
Capital
FMH £320,000 on market for sale
Mortgage?
Cars £25,000
W shares £39,000
Mum’s House £100,000
Mortgage?
Pensions
H
CETV £100,000
W CETV £30,000
Other features
H “failed” to pay CM for daughter
H “failed” to pay SM
Abusive relationship for 20 years
H cleared £50,000 of “his” C/C debts from his capital
Allegations of H “hiding” £ with family members-what evidence is there to corroborate this?
H lives + G/F
G/F works so can contribute to H’s outgoings and housing needs –does she have £ capital- may help his mortgage ability.
25 Matters to which court is to have regard in deciding how to exercise its powers under ss. 23, 24 and 24A
(1) It shall be the duty of the court in deciding whether to exercise its powers under section 23, 24 , 24A or 24B] above and, if so, in what manner, to have regard to all the circumstances of the case, first consideration being given to the welfare while a minor of any child of the family who has not attained the age of eighteen.
(2)As regards the exercise of the powers of the court under section 23(1)(a), (b) or (c), 24 24A or 24B]above in relation to a party to the marriage, the court shall in particular have regard to the following matters—
(a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c)the standard of living enjoyed by the family before the breakdown of the marriage;
(d)the age of each party to the marriage and the duration of the marriage;
(e)any physical or mental disability of either of the parties to the marriage;
(f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
(g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit . . which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
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