The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Advice needed

  • bevs
  • bevs's Avatar Posted by
  • Elite Member
  • Elite Member
More
02 Feb 09 #85098 by bevs
Topic started by bevs
I hope this is the right place to post this:

Your respective ages; 45 (me) 36 (him)

The number of children you have and their ages; 6 & 2

How many nights the children spend with each parent; Me 100%

The length of your marriage and any period of pre marriage cohabitation; Not married. Been living together for 8 years.

Your respective incomes; Him 35K me nil.

Your respective outgoings; This is difficult to answer as our situation is a little unusual. We are currently expat in China having been here since 2005. I am returning to UK because he has now left me for his chinese girlfriend. Once back in uk in May, my outgoings (necessities) will be around £1500 per month. His I have no idea, as he is not even sure he will come back to UK once contract ends later this year.

Your assets - both soley held and joint; Mine minimal savings around £1500. Joint owned house worth around 250K, mtge around 95K. I paid 80K deposit on purchase he paid nothing.
He has shares worth around 25K I believe.

Your liabilities. Mine none at the moment. His - no idea of amount but I know he has large credit card bills. These have been caused by work expenses being claimed but not being repaid and his 7 night a week drinking binges. They are in his own name.

Our situation is a little difficult. I will be returning to UK in May with the two boys (he has agreed to this) and will be living in the family home. He has already said he wants to sell it and have 50% of the profit despite the fact I paid the deposit. We both contributed to bills, mtge etc as I had a well paid job earning £30K which I resigned from to support him in his career opportunity in China.

Questions are - can he force the house to be sold? I know this question has been asked many times before but I cannot seem to find anyone in the same position as me.
Am I in any way liable for his credit card debts?
Can I make any claim against him for the fact I gave up a good job to support his career move?
If he decides not to pay child support as he will be unreachable in china, is there anything I can do?

I will have no income in the UK and two small boys to support.

Any help much appreciated.

  • mobile
  • mobile's Avatar
  • Junior Member
  • Junior Member
More
02 Feb 09 #85122 by mobile
Reply from mobile
Hi,
Just read your message,and had to drop you a line, not because I am able to offer much assistance really, but to let u know I am in a somewhat similar position as yourself.
I am divorcing my husband, who has been working in China for several years and who has also set up home with a local woman. I have 2 children living with me in the family home, although grown, and I am not working, although I hope to return to work soon.
We have a similar amount outstanding on the mortgage to yourself and house value, and our savings - he has managed to hide in his name only in offshore accounts etc.
My own divorce is now well under way, despite his refusal to co-operate for a long time. We are at the stage where I have submitted my own form E and he is in the process of doing the same (which we await with interest !!!)
I simply don't know how this all will pan out in the future, but I am certainly more optimistic of a receiving a larger split in the house equity than 50%, bearing in mind his income, earning capacity plus the fact his living accommodation, car etc. is provided for him, you should also bear this in mind along with the fact your children are resident with you. The credit card balances will be taken into account, as indeed will the amount of deposit you paid on the house. Are the credit cards in joint names by the way?
If you've not yet seen a solicitor, make an appointment with one who offers a free 1st consultation, many do. A lot of your concerns, e.g. can heforce the sale of the house? can be covered during that free consultation.
I know this may not be of much help to you, but when my own marriage started to all apart, I believed my own situation was unique and felt quite desperate and frustrated at what I believed to be an impossible scenario, given the China "issue". In fact, you may be surprised at how many divorces/separations are handled by solicitors in the UK when one partner resides overseas, I was!. (Realise you aren't actually married but the financial issues will be handled the same way as if you were, given the length of your partnrship, your children together etc.)
It hasn't turned out to be that way at all however, not yet at least! So if there is anything at all I may be able to help with, (and perhaps as my own financial settlement gathers momentum, I may be in a position to offer a small piece of helpful advice at some point, you never know), please don't hesitate to ask, I can certainly empathise with your predicament just now!

Kind regards
Alex

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.