Financial provision order

Hi,

I am the sole owner and sole mortgage payer for the house where my wife and kids are living but I am renting a separate room in a different house.

Could someone please advise if there is a way, without pursuing with the divorce, to ask my wife to contribute towards the mortgage payment, or to pay for the rent for my separate living, or for her living in our matrimonial house.

Does anyone know if Financial provision order could be helpful, and how to obtain one?, or

Is it better to apply for occupation order under section 40 of family act? Or
Anything anyone may kindly suggest.

In April 2009, i left my house temporarily due to my wife’s abnormal behaviour. She later changed the locks and blocked my access. I went to her relative to seek help and we had a healthy conversation but a week later i received NM and occupation orders against me that i went to her relative and have threatened to kill my wife and abduct my children, which is not true. These orders were ¬­base­¬d on her words against mine with no evidence and ¬­base­¬d on false accusations. These NM and occupation orders are not expired.

She is living in the house i bought before marriage. She never contributed towards buying the house or the mortgage as she never worked. She surely has matrimonial rights in this house. Although I am not living in that house but have been solely paying for the mortgage in addition to paying rent for my separate accommodation.

I am also paying for the service charges and building insurance for the house she is occupying, in addition to paying for child maintenance each month (through CSA). We have 2 daughters (3 years & 2 years) living with mother.

I don’t want this family to get broken completely and although things are hurting me so much, i hope she wakes up to reality which she does now and then, but later she behaves with same evilness, mainly due to people around her!!

My financial situation has gone worst and i am under severe pressure with loans (both bank & personal) together with overdraft etc.

Someone suggested that I may file an application for occupation order and under section 40 of Family Law Act 1996 ask her to either pay for the mortgage or help me to pay rent for my separate living, as she is living there and getting income support, child benefit, working tax credit, child maintenance etc.

I am not sure if this is the right application and if court will order her to do so, considering she doesnt work so we cant transfer mortgage under her name, and I am the sole owner of this property, hence solely responsible for the mortgage.

Your help will be hugely appreciated. Thanks in advance

You dont say whether you have sought legal advice. If you havent then do it. Obviously you want what is best for your children, and the courts will also, but it has to be realistic and you have to be able to afford it. Experience tells me that listening to others who dont really know can be disastrous so get advice from the people in the know who will also try to come to a conclusion with your wife that is fair and workable for you both. Good Luck

I'm not an expert but it seems to me that your best bet would be to get on with your divorce. All this will be sorted out during ancillary relief. I don't think you would have much chance of getting an occupation order on the house in which your children are living as it would mean turfing them onto the street. As you say, your wife had matrimonial home rights, and, as she is the parent with care of your daughters, she will need to be housed somewhere that accommodates them as well.

Depending on the length of your marriage, she will probably have the right to some share of the family home as part of the divorce process, even if it was bought by you before marriage and is in your sole name.

As your wife doesn't work I don't think it is possible to transfer the mortgage into her name. It may be that the house will need to be sold and you both rent, or you could buy her out of her share as part of the divorce proceedings. You need to take legal advice and sort all this out as part of the divorce process.

best wishes,
Sadie

dreams

The need to house the children and the parent with care is a priority here .. but this need not be in the FMH.

With 2 children of the same gender, her strict need is for a 2 bedroom property.

You are right to say she has matrimonial home rights... if she registers these then you will be prevented from selling until you have sorted the finances. Her contribution will be considered equal to yours during the years of the marriage as she has had childcare responsibilities.

If the mortgage is in your name alone, then, as you acknowledge, it is your debt and she cannot be forced to pay it. I am not sure how she would pay rent if she has no income apart from CM and possibly some benefits? Can you ask for say a mortgage holiday or to go on to interest only for now to ease the financial situation while you sort of ancillary relief and get a binding financial settlement. It is in no-one's interest - especially the children's - if you go under financially or mentally because of the pressure you are under.

If you are able to provide some financial information then wikipeeps can give you guidance about what may be a fair settlement in your situation - or you can use the onsite calculator to give you some idea.

We need to know

Length of marriage (+ cohabt)
Ages
Children - ages, genders and contact arrangements
Incomes inc any benefits
Market value of FMH
Outstanding mortgage
Size of FMH
Value of other assets - pensions, savings etc
Outgoings - yours and hers
Liabilities - ie debts, loans etc

Hadenoughnow