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I am after some advice please? I have been separated for two months and my ex is filing a petition against me. We have a joint mortgage and I currently pay the mortgage from my own account and have for the last 3 years (£510/mth).
In addition, she lives in the house and with our three children and I pay an additional £400 a month towards all bills. I also am the registered owner of the car and paid for this out of my account in my sole name.
A few questions as I want to go through mediation and avoid solicitor costs as my view is that they are only in it for themselves!
1. Am I still responsible to pay all bills and mortgage for a property I no longer live in? Aware I have joint responsibility, but not sole!
2. as the car is an asset and she has it, can that form part of the total assets and can I request part of its value?
3. She is in receipt of working family tax credit and family tax credit and is continuing to work 12-24 hours a week, therefore her argument of not being able to work is wrong, therefore is this taken into consideration?
4. I am actually happy to walk away with no assets in return for her either keeping the house but taking on mortgage responsibility in return for leaving my pension alone? Is this a fair offer?
5. She is also trying to link my contact around allowing her to work, my view is that if she needs to work, then she should arrange the necessary child care outside of my contact hours and cannot dictate my contact around her work?
Appreciate the advice, I am happy to pay a fair amount for my kids, but currently paying all bills and mortgage is around £1,000/mth. My calculation on CSA comes to around £380 a month for maintenance, and am happy to pay more as a gesture, but not pay mortgage too, or at least not full amount! Just don't, like most fathers, want to be shafted for providing everything I have to date, but also realistic to point that courts care little about the father!!!
Thanks
Unfortunately I'm no expert on divorce law, so I'd suggest that you make an appointment to see a solicitor. Most firms offer a free initial consultation, which lasts for 45 minutes. It's a good way of assessing where you stand legally and means that you can go into mediation far better informed than you are at the moment.
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