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Marriage Breakdown. Help

6 replies

NotEnoughAdo · 19/12/2017 20:52

I have sadly come to terms that my marriage is over and need help moving forward.
Been together 11 years, married for 7. 2DC.
He's always been financially and emotionally abusive. Earns over 100k a year, while I earn 28k, yet EVERYTHING has to be split in half.
Contributes nothing to the home, except pay the mortgage.
I feel like I am nothing but a slave to him, who he has sex with occasionally.
Anyway, big argument last week, and I know there is no going back now. He has now cancelled the credit card which I use to make purchases for my DCs.
I have booked an appointment with a divorce attorney next week but my questions, if you can help, are:

The house is in his name only. Will I be able to get some money out of the sale? There is about 40% equity in the house.

Will he be able to take my DCs from me? He knows this is the only thing he can do to hurt me further.

What %of his income will I be able to get as CM for my DCs.

Also, Never claimed benefits before, due to his income, What will I be able to claim even though we are technically still living together?

TIA

OP posts:
RedHelenB · 19/12/2017 21:18

20% of net income for cm. Probably not a lot in benefits if you earn 28 000 but may be some paid towards childcare. You will be entitled to a share of the house even if you're not on the deeds as it's still a matrimonial asset.HTH

PerfectlyDone · 19/12/2017 21:21

Massive sympathy from me - going through a separation myself just now.

You need RL legal advice - make appointments as soon as you can with SS, lots of benefit/monetary advice out there.
Many family lawyers will give you a half hour of their time for free.
I am no expert on English law, but afaik matrimonial assets get split down the middle and he will have to pay for DCs.

Thanks Brew
prh47bridge · 19/12/2017 21:33

Assuming you are in the UK, the equity in the house is an asset of the marriage and goes into the pot to be split between you. However, without a lot more information no-one on here can sensibly estimate what proportion you would get. You need to see a lawyer.

If he tries to take the children the courts will look at what is in their best interests. Their wishes and feelings will also be taken into account, although how much weight they will carry depends on their age.

Child maintenance depends on a number of factors. Take a look at this booklet for details of how the CMS calculates child maintenance.

Regarding benefits, you can claim child benefit and child tax credits. You should also check out working tax credits but I suspect you earn too much to qualify. If you are in a Universal Credit area you will get that rather than tax credits.

prh47bridge · 19/12/2017 21:37

20% of net income for cm

That is the old CSA scheme. It has been replaced for new applicants by the CMS which uses gross income with different rates. See the link in my last post.

matrimonial assets get split down the middle

No they don't. The courts look for a fair split. That may be 50/50 or the OP may be entitled to more or less than half the assets based on a range of factors.

NotEnoughAdo · 19/12/2017 21:46

Thank you all. I am booked to see a solicitor next week. Thanks prh47bridge for the link. I'll have a look now.

OP posts:
RedHelenB · 19/12/2017 22:42

If your husband is self employed be
prepared that there are various ways of organising his affairs so you may well end up with less. As stated the gross figures now would still.more or less equate with the 20 %net but you have to pay a part of this to get the child support if your ex is difficult.

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