Divorce Lawyers for Men & Dads Berkhamsted, Amersham Beaconsfield, Harrow and Milton Keynes
Practical advice for men when divorcing or separating from experienced divorce lawyers who specialise in protecting assets and obtaining child custody in Bucks, Berks, Herts & Middx.
Will I lose my house?
The matrimonial home is usually the biggest asset that a couple owns. If you have children, then the welfare of the children is important and where they will live. The children can live between both you and your spouse, and house may need to be sold to allow both of you to buy properties of your own. There is no assumption that the mother will take on the main caring role.
There are various ways of working out what to do with the family home. It is generally sold and the equity divided. Alternatively, the property could be transferred to one party, with the other receiving a larger share of other assets to compensate.
Do I have to share all my finances?
When negotiating a financial settlement, it is preferable if both parties make full financial disclosure. A financial agreement is often reached without the need to go to court, but if your case does go to a hearing, the court will aim to divide assets in a fair and equal way.
The judge will look at the needs of both you and your ex, the needs of your children and all the financial resources that you have.
If one of you is in a weaker place financially or has given up career progression to care for children, then they could receive a larger share if they need it. However, women are not favoured in a way they might once have been. There is no automatic entitlement to spousal maintenance and women will generally be expected to support themselves in the future rather than be given ongoing financial support. This is largely because women have as many opportunities for a career and employment as men do and children can be cared for between you both.
Does my ex-wife need to help with the expenses for the children?
Your ex-wife will be expected to help out with the expenses in respect of children following a divorce. The extent to which this is possible will depend on both hers and your financial situation, you are not expected to pay for everything.
Child maintenance will generally be paid to the main carer by the non-resident parent and is calculated on the basis of what the non-resident parent earns. If your children live with your ex-wife most of the time, but also stay with you for some of the time, this will be taken into account and child maintenance payments reduced accordingly. If the children are cared between you equally, depending on what you both earn, there may be no need to pay maintenance.
Do I need to share my pensions when I divorce?
Pensions must be brought into account and can be shared in divorce in the same way that other assets are, with a starting point of equal division. Whether your pension is shared will depend on how long you have been together and whether you paid into your pension prior to living together. Alternatively, the value of a pension can be offset against another asset, such as the family home.
Can we separate the finances before divorce?
It is a good idea to agree a financial settlement with your ex before the divorce is finalised. If you do not have any form of financial order in place then it is open to your ex-wife to come back to you in the future to claim money, even if you are divorced. Putting a consent order or a clean break order in place will give you the assurance of knowing exactly where you stand and allow you to plan for the future and is recommended.
Serving family law clients across Bucks, Berks, Herts & Middlesex
Our specialist family law solicitors serve our clients across Bucks, Berks, Herts and Middlesex.
Some clients work with us remotely, others we can visit at home or they can visit our offices in Amersham, Beaconsfield, Berkhamsted, Chesham, Chorleywood, Gerrard’s Cross, High Wycombe, Rickmansworth or The Chalfonts.
Wherever you are, let Breakthrough Family Law provide you with the specialist advice that you need.