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Pannone LLP Solicitors is a Manchester based full service law firm with over 300 specialist solicitors and lawyers and a total staff of over 700.
Acknowledged as a leader in the field of family and divorce law, the firm provides a complete range of legal services in a wide range of other areas, including: accident and personal injury, clinical negligence, employment, commercial litigation, competition, regulatory, IP, IT & E-Commerce to name only a few.
Pannone Solicitors was voted 3rd in The Sunday Times 100 Best Companies to Work for Survey 2007 (the highest placed law firm in the history of the survey).
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>Q –
I am in the process of divorce and my husband has run up over £50,000 of credit card debt over the course of the marriage. I bought a house five years before our marriage which now has substantial equity. We have one child with joint custody but he lives with me. My husband expects 50% of the house equity and me to pay 50% of his debts, is this usual or fair?
Jacqueline
A – 7 March 2010 –
From Andrew Newbury, Partner, Family Law dept, Pannone LLP
Assets are usually only split 50/50 on divorce after a long marriage, or where all the wealth
was built up during the marriage. You don’t say how long you’ve been married, but I assume
that it’s not for long. If that’s the case, your husband’s expectations are completely
unrealistic. The family court will not however leave him empty handed and he will be entitled
to a lump sum from you to help reduce his debts or put a deposit down on a new home. If
the credit card debts reflect expenditure on the family, that may increase his claims.
Andrew Newbury can be contacted at Pannone on: 0161 909 4237 or by email at:
Andrew.newbury@pannone.co.uk
Q –
My husband and I have separated and we are trying to keep things amicable. We have 4 children, 1 at uni and the other 3 live with me. I work full time 5 days a week and also have a part-time job for the other 2. My husband rents a flat nearby. He has offered me £450 a month. The house remains in joint names. I have taken over total responsibility for the mortgage, credit cards (those in his name too) and bills. I also pay his insurance for his car, his TV licence, his house insurance and phone bill. Should he be contributing any more than he does?
Sharon
A – 25 September 2009 –
Before you can decide whether your husband should be making a greater contribution to support of your home and the children you need to look at your income, his income and your respective outgoings. If your husband has more than £450 a month left after paying his reasonable living expenses he should be contributing more. You have the greater burden.
It is perfectly reasonable for you to be paying the mortgage on your home and the bills for the property. But there is no reason why you should accept responsibility for your husband’s credit card debts, his car insurance, TV licence, his home insurance and telephone bill. These are his personal liabilities and he should be responsible for them.
If you are unable to reach an agreement and your husband’s contribution is not sufficient or is not a fair contribution you can make an application to the court for a maintenance order for yourself and any children who are under 18 and still in full-time education.
Catherine Jones, Partner and Head of Family Law at Manchester solicitors, Pannone LLP
Q –
My husband and I have a close friend who is going through a very acrimonious divorce. He has just found out that his 24-year-old daughter is suddenly accusing him of having sexually assaulted her from the ages of 4–14. This daughter has always been disruptive in the family and caused many problems both in and out of the home. Our friend is overwhelmed by the shock of this and obviously denies it completely. We firmly believe him as does everyone who knows him well. The matrimonial home – a small farm where the daughter keeps her horses – would no doubt have to be sold and the wife is doing everything in her power to stop this happening. She wants the farm transferred to her sole name. She is stating ‘gross and obvious bad conduct’. Where does our friend stand legally in a divorce court? He is devastated by these accusations.
Mary
A – 11 September 2009 –
Although your friend must be very upset by the allegations his daughter has made, he should feel reassured that judges very rarely take conduct into account when dealing with the financial aspects of divorce. The type of conduct that the court usually considers relevant is financial misconduct, for example, if the husband or wife has lost significant sums of money due to their gambling habit. If a judge considers that the allegations are relevant, your friend’s wife must prove that they are true. The onus will not be upon your friend to prove his innocence. An experienced judge will be aware that not all allegations made within divorce proceedings are true.
Fiona Wood, Pannone LLP
Q –
I am currently living in Spain and in the process of returning to the UK. My partner died two years ago (in tragic circumstances leaving no will), we had two children of our own and I took on responsibility for her child from a previous relationship. Our children are ages 6 and 9 and her child whom I have had under my care and supervision for the past ten years is 15 yrs 6 months (his natural father has had no contact and his whereabouts are unknown). My predicament is that I need parental responsibility for all three children and I am at a loss as to how i get this, particularly as I am currently in Spain. Please could you advise as to how I can do this as I have to renew passports, the eldest wishes to join the army and of course I would have to authorize any medical emergencies which may occur.
Stephen
A – 3 April 2009 –
Reply from Phillip Rhodes, Solicitor and family law specialist, Pannone LLP
Dear Stephen
The quickest and easiest way for you to obtain parental responsibility for the children is to apply to the court for a parental responsibility order. This would involve you completing a standard application form giving brief details of the background. The court then has to consider whether it is in the children’s best interests for you to have parental responsibility.
A further option would be for you to make an application to court to become the children’s guardian. This would automatically confer parental responsibility on you.
Finally, you should also be aware that where a person is looking after a child but does not have parental responsibility, he or she may lawfully do whatever is reasonable to safeguard and promote the child’s welfare.
Q –
As my husband was arrested on the grounds of sexual assault on our daughter he is not now living at the matrimonial property, which is in his name alone, and he is out on bail. Is he obliged to pay the mortgage, gas, electric, etc. while me and my daughters are still in the matrimonial home?
Julie
A – 20 March 2009 –
Reply from Andrew Newbury, Partner and family law specialist at Pannone LLP
Dear Julie,
I am very sorry to hear about your terrible situation. There are various options available to you. If you were to issue divorce proceedings, then you could seek an order as part of those proceedings that your husband pays you a fixed sum each month so that you can discharge the mortgage and the bills. The court can make such an order within weeks of issuing a divorce petition.
Even without a divorce, you can apply to the court for an order that your husband provides appropriate support for you and the children. Although this is relatively rare, it is known as ‘failure to maintain’. The court will not only look at your husband’s income, but also any other savings or assets that he may have and which could be used to support you and your daughters.
A further option would be to apply to the Child Support Agency. That would only be worthwhile if your husband is earning an income. The CSA would assess him to pay 15% of his net income (after tax and national insurance) for one child, 20% of his income if you have two children and 25% of his income if you have three children or more.
Finally, you should also bear in mind that if the bills and mortgage are in your husband’s sole name, then those companies will pursue him if he fails to keep up the payments.
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