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signed over the marital home - mistake?

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15 Feb 09 #89526 by guppalo
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Hi all, was looking a bit of a viewpoint on my circumstances. I signed over the house to my ex on separation through guilt for her keeping my two girls the majority of the week, I also pay her £400 per month for the girls, a voluntary figure of maintenance, though at present i am finding it difficult to keep my head above water, Should i ask for a divorce with consent or ask for a change to our maint agreement with her or should i pursue this through the courts and see how the judge feels, would it be to my benefit to carry this out? thanx folks

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15 Feb 09 #89607 by Sera
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Pursuing anything through court should be a last resort, NOT a first option. Courts do not deal with Child Support; that is for the CSA and you should pay 20% of your net income for two children. (Your ex can only backdate to the date of claim if you cease paying).

If your wife needs further support; she could apply for interim spousal support (via the court) if you don't pay. The court would fix an amount; and if your circumstances changed; you'd need to apply to change that order.

The finances are dealt with seperately to the actual Divorce. Once either party has filed a Petiition; you can then start to find financial resolutiion. It doesn't really matter that you've signed the house over; (Did you take legal advice? If there a paper-trail to this agreement? Is your name removed from the mortgage?)

It may not matter; because all assets need to be disclosed; (regardless of whose name is on the Deeds)
Nothing is final until you have a Court approved Financial Consent Order.

If you want a ballpark figure of how your assets might split, you'd need to answer the following; and hopefully wiki can advise:

Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets - both soley held and joint;

Your liabilities.


Hope that helps>

Sera

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16 Feb 09 #89841 by guppalo
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Thnkyou Sera for the info, I dont want to bother with solicitors over the finances as i'd like the courts to declare what is fair and just. the main question i have now is: Do I need to start petition for a divorce to have the financial affairs sorted or can i approach the courts by some other means to have the finances sorted?

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16 Feb 09 #89842 by Sera
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You need to file a Divore application first.

If at all possible, you should then invite ex to Mediate a settlement. The judges don't just scan an eye over your pot to decide how it's split. It's all a long winded process: can take 12-18 months, and if you're both acting in persons then sit around with a Mediator, since judges speak in legal terms and refer to Case Law you won't understand.

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