Discuss all aspects of Ancillary Relief: when and how to apply, and the various stages of the court process from disclosure through to a final hearing.
My ex wife is claiming what I consider to be an unfair percentage of the assets. In addition she wants spousal maintenance because of her "limited income". She has always worked and has had no problems finding work. She moved north to live with her boyfriend on the pretext of looking for work. Despite being already being in work. The only way that I will be able to pay spousal maintenance is not to pay the mortgage or to cut back expenditure on the kids. Will a judge seriously consider my ex wife'e application given that either the family home would be repossesed or the kids welfare will be compromised. Given the kids come first mantra I cannot believe that ex wife's legal team have come up with such a blatantly biased case.
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The priority for sharing assets is the welfare of the children, although all the other s25 Matrimonial Causes Act 1973 criteria have to be considered as well. Without more details it's impossible to say what is reasonable. For example, if there was a lot of equity the court would not keep the children in the former matrimonial home and leave the non resident parent destitute. It's a question of balance.
You need to remember her solicitor is looking after the best interests of your wife and the law is open to interpretation so two solicitors can have different opinions. The only binding opinion is that of a judge if the matter goes all the way to a final hearing.
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It wisnae me
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