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First day in court over

  • Swampydrill
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29 Aug 19 #509348 by Swampydrill
Topic started by Swampydrill
I had my first hearing yesterday and it did not go too well.
My main concerns were my wifes ability to obtain 50% of my earnings, even after we have been separated now 17 months. My Barrister said she is going for maintenance so no doubt she wants part of your earnings as well.
Have to get professional valuations of 4 properties.
Lastly, as mentioned she is going for maintenance. She is 54 yrs old, not worked in 30 yrs, all kids grown up and left, she is going to get the family home mortgage free which is worth around 280k, she has also agreed to take 1 house from the company which is mortgage free at 180k and she probably going to get anything from 100k to 200k in cash. My barrister says she is going to get some sort of maintenance, i either have decide whether i pay her weekly/monthly or give her an additional lump sum. My argument is, why is what she is getting, not enough to cover her needs. Question is, because she has asked for maintenance, is it guaranteed she gets is ?, Barrister did also say it all depends on the judge you get.

  • hadenoughnow
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29 Aug 19 #509351 by hadenoughnow
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Maintenance is based on demonstrated needs and the ability you have to pay. Previous lifestyle may also be a factor.

The questions here would be the size and running costs of the former matrimonial home and the income she will get from the property/the lump sum.

Courts do prefer a Clean Break where possible.

Hadenoughnow

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29 Aug 19 #509352 by Swampydrill
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I get that but should one outweigh the other. If her need is established and met by the money she has, should she then get money just because i have the ability to provide. One thing i hope you missed is if her ability to work is assessed, my ex has no disablilities

  • hadenoughnow
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29 Aug 19 #509372 by hadenoughnow
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I don't think she should and yes the court would expect her to maximise her income.

If the house is too big and expensive to run, a sale would be a likely outcome.

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30 Aug 19 #509386 by Swampydrill
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Well i spoke with my solicitor and stated i did not feel the Barrister was looking after my best interests, he did not have latest information, he had my name wrong, my age, my marriage date etc etc, then tells me that you are going to have to pay some sort of maintenance so i am afraid he had to go and i will get somebody new via my solicitor, it is imperative that i have someone i feel is fighting for me at the FDR and not just going through the motions.

  • hadenoughnow
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30 Aug 19 #509394 by hadenoughnow
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The barrister will have had the information supplied by your solicitor or whoever put together the bundle. They may have had their own notes based on a conversation with the solicitor. If there was updating information they should have received it in time to review it.
Did you have a conference with the barrister in advance of the hearing? That's the best way to ascertain that you have the right representative. If you were not happy, changing barrister is the right thing to do.

Hadenoughnow

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