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My ex has 3.5million(9 Posts)
My solicitors say i can only ask for the shelter and a small amount of maintenance for a short period of time.
I have his son and i am the primary carer of the child.
He has his daughter from his previous marriage.
He doesn't want to give a penny.
He has declared his earnings as per 2200 per month and expenses of 8000£ per month.
He and his daughter are living the best lifestyle whereas me and his son are suffering from one place to another as no shelter and living on minimum.
He pays a very little towards child maintenance as he has been hiding his full income and taxes.
I want to know that are my solicitors asking for too less as its only 15% of what he has.
Our marriage was short about 26months.
Your son would be entitled to his assets under Schedule 1 of the Children Act 1989.
Whilst your marriage was only short your son's needs wont change regardless of how long you were married.
To make this application you will need to kick things off wtih mediation. Expect that this will either go nowhere with him or he won't attend. To pre-empt this download the form.
He may well be hiding assets and this is very common but not always very clever.
BTW: THe form you will need is a CHA13 with a statement of means attached to it.
You will be entilted some some of his assits but with a short marraige you will NOT be entilted to anywhere close to 50% of his assits sadly.
at best you are looking at 15% of his total assists like your solicitors are saying you might be able to argue 25% but that is the best case I am afriad but you can get access to his assists if he is not paying child maintance
He will just hide money and the court will believe him. I am so sorry your child will likely be swindled by his own parent.
It's high time UK courts STOP relying on parents to tell the truth about assets and they have the powers and use them in all cases of dispute to search and locate these assets. In the interest of natural justice. Why does the robbed parent have to foot the bill for this to happen at the moment with forensic accountants, how many robbed parents can even afford to do that?
It's high time that the UK courts actually enforce maintenance as well. It is all a joke, everyone who doesn't receive their maintenance knows it, me included, owed by a senior UK civil servant over 30k and he knows he can get away with it and has never been penalized for it.
15% of of 3.5 would give you 525k. I'd take it and buy / invest and make as much space between the 2 of you as you can. Because any parent who turns out to be abusive, as just by that short description is hugely financially abusive, is not worth even being alive.
I wish you all the luck. I don't know how it feels but I do know you must be hurting so much and just wanting it to be over.
Please don't take this the wrong way as I am in the process of divorcing too and not getting anywhere without a huge amount of stonewalling on my H's part, but......
You were married for little over 2 years, a very short time indeed as far as marriages go, and it's unlikely that your H amassed all of his £3.5m during that time so I can see why he would be reluctant to split the assets more than the 15%/85% split that your solicitor has advised. Marrying a well off man provides no long term financial security unless you stay together.
I personally think that 15% is plenty for such a short marriage. It will enable you to live mortgage free and possibly have a pot of savings too depending on how careful you are regarding the purchase of a home for you and your son.
Maintenance for your son is another matter but if your h is a slippery character I would advise you to make sure that you are claiming everything that you can as far as benefits go and to make use of any free childcare/tax credits to enable you to work. What did you do for a living before your ds came along ?
Envy is the thief of joy is my motto. If you give too much thought to the lifestyle that your H and his daughter from a previous marriage are living, you will find it very hard to appreciate the happy and contented life you and your son could be leading in a few years time.
Schedule 1 of the Children Act? Not if you were married. You'll be proceeding under the Matrimonial Causes Act 1973.
On divorce the assets are divided fairly. OK, this was a short marriage, but that is mitigated by the fact that as primary carer for the child of the family the effects of the marriage are going to be felt by you much longer.
I had a client who lived with his wife for 6 weeks before they separated. She got IIRC (was a few years ago) around 20% of his wealth - enough to house herself. There were no children between them.
The court will take in to account factors such as the length of the marriage, the standard of living, and any future contribution you will be making to the welfare of the child of the family. If this will disadvantage you in the job market that should be taken in to account.
If you're not sure about whether you're getting the best advice it would not offend your solicitors were you to ask that they arrange a conference with a specialist barrister to advise you further. It's just a second opinion.
Thank you all.
I was working before and as he wanted me to stop and stay at home i had to after i got pregnant.i had to drop my career and can't go back to the same payscale.
He is fighting for the residency as well and is having contact for every wed,thurs and alternate weekend without thinking of the distance that he makes him travel.initially i used to take him to his area and bring back by public transport which was very expensive and tiring for my son.
Than after a long argument in courts he agreed to pick from my area but still keeps on pushing the court for me to bring the child.
More than love to his child ,he has to make sure the assets doesnt go anywhere and by making me travel he feels better.
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