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Joined at last

  • wagonwheel007
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24 Jul 09 #133727 by wagonwheel007
Topic started by wagonwheel007
Hi everyone, I have finally joined this at last (I have read posts to try and glean info as my sol is rubbish!!). My divorce is taking longer than expected and I need advice. My husband is an alcoholic and has not worked for the past 18 months. I work part time and reside in the FMH with my young (4) daughter. I'm worried that if the case goes to court I will lose out because of my husbands health position. I myself have health problems and my daughter also has problems which will neccesitate 3-4 major surgeries in the future. Help.

  • NellNoRegrets
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24 Jul 09 #133731 by NellNoRegrets
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Hallo and welcome to Wikivorce

you will find plenty of support here.

So sorry to hear about the health problems. The bottom line is that your daughter needs a roof over her head and you as the parent with care will share that roof.

Your stbx also needs to be housed and if your daughter was going to have overnight stays in the future, he would need somewhere big enough for that.

I hope you are claiming all the benefits you are entitled to?

Pop into chat to talk to other peeps.

Nell

  • hadenoughnow
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24 Jul 09 #133734 by hadenoughnow
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wagonwheel,

welcome. I know only to well what living with an alcoholic is like .. and divorcing one too :( . It does sound like you have a lot on your plate.

To help you with the question about who gets what, we would need to know more about your situation:

Ages
Length of marriage + pre marriage cohab
Children - ages, genders and arrangements for them (nights with each parent)
Incomes (inc Tax credits etc if applicable)
FMH Value and outstanding mortgage + size of FMH
Value of other assets in sole of joint names - savings, shares, endowments
Pensions - CETVS
Liabilities in sole or joint names - loans, debts etc

Also have a look at section 25 of the Matrimonial Causes Act - in the wiki library. That sets out what is considered. Health is a factor but it sounds like all of you have got issues so I certainly cannot see he should have any priority.

Hadenoughnow

  • dukey
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24 Jul 09 #133737 by dukey
Reply from dukey
Hello Wagon

If you do end up in court the division of assets will be guided by the 1973 marital causes act section 25(1) it clearly states the first priority is the housing and needs of children if you have time read it through to settle your mind, before you think about court consider mediation as a less expensive and stresfull way of settleing finances.

Dukey

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