A question about divorce

asharon

A bloke where I work is married, unhappily and would like to leave. The problem is he keeps getting a lot of different legal advice and does not know where he stands.

He earns a low wage, has a house with a mortgage. There are three kids, two are his and one is hers from a previous relationship.

What he would like is to pay the mortgage and then when the kids leave home sell the house and each take a share.

At the moment the wife earns money but only about £100 a month from avon she keeps putting off going back to work and keeps promising to next year.

How badly is he likely to be stung ?

I think he earns about £6.80 per hour and does a 42 hour week.

Bossyboots

Based on the figures you have given he would be entitled to advice and assistance under the legal aid scheme and should therefore seek advice from a solicitor to whom he can give all the facts. That doesn't take into account any tax credits though so that might change the position but equally it did not include his mortgage so hopefully one would cancel out the other.

The problem with asking friends and colleagues for "legal advice", is that often they give an answer that they think is what the person wants to hear, or base it on anecdotal tales or knowledge of somebody or other else's divorce. It is the same with the internet, not all the details are available so no-one can give specific advice with so few details. Each case is decided on its own merits so what happens for one will not be the same for another.

In general though what he proposes in relation to the mortgage and the house is possible. These days the courts prefer a clean break if possible so that parties are not financially connected to each other once the marriage ends but that is not possible in all cases. A court order (either ordered or by consent) will set out the sequence of future events for dealing with the house. If the wife has "earning capacity" she will be expected to find appropriate work. That earning capacity takes into account the ages of the children as clearly there are more childcare issues with younger children and therefore earning capacity is deemed to be lower.

If he is serious about ending his marriage then he should see a solicitor himself and get advice based on all his circumstances.

asharon

Thanks, good advice. I will pass it on.