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Getting a divorce and I am scared and confused!

  • HRCBladeGaz
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18 Aug 09 #139603 by HRCBladeGaz
Topic started by HRCBladeGaz
After 5 years with my wife, I have finally decided that I want a divorce but I am not sure where to start, I guess by contacting a divorce solicitor?

My wife has already contacted Citizens advice to see where she stands and I wonder whether anyone can anwer me the following please?

1. I pay the mortgage but we have two children, therefore can my wife expect to get the house and me continue to pay for it?

2. Will I have to pay all the solicitors fees?

3. Can I stay in my house until it is sold?

4. My income is considerably more than my wife, therefore, will I have to pay spouse maintenance also?

Where do I stand?

Thank you.

  • NellNoRegrets
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19 Aug 09 #139706 by NellNoRegrets
Reply from NellNoRegrets
1. This is a link to a step by step guide to divorce, financial arrangments and childcare:

www.wikivorce.com/divorce/Step-By-Step-G...de/Introduction.html

2. This is a link to the information you need to post so people can advise on what would be a reasonable settlement:

www.wikivorce.com/divorce/Divorce-Forum/...G-IN-THIS-FORUM.html

As a general rule, the parent with care would get a larger % of the assets as they have to provide a house for the children. Spousal maintenance may be applicable if your wife is unable to work or if her income is limited or if your children are quite young. The house may be retained by your wife and children until the children leave full-time education, or you may agree to sell up and split the proceeds.

You do not have to leave until the divorce is sorted.

If you and your wife can agree everything will be cheaper and more amicable.

If you can come to a private agreement well and good. If not, you could try mediation.

You want to avoid confrontational court scenes if possible as these aren't pleasant and the legal costs can run into thousands of pounds. I am sure you and your wife would prefer the money went towards your children, rather than solicitors.

As to who pays costs - it might be you if you instigate the divorce, or you if you have a greater income. Or your wife might pay her own costs or half the costs, this is something you could perhaps negotiate.

Nell

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