Divorce (through mediation) what can I expect to retain

Vikingfan

I'm considering moving out of the house and letting her stay,I will continue to pay the mortgage and building insurance. Will these payments count as maintenance
Eg mortgage + contents insurance is roughly £300 a month and I am due to pay £500 then I could pay mortgage and insurance and then the remaining £200 a month as maintenance for the children, also.anything else I have to take into consideration.

Tell all utility companies I have left and pay off any remaining bills

geoffky

I would be looking for a better solicitor...70% ..no way..

burnoutbabe

is there any equity in the house? with equity and debts, seems most sensible to sell it to be able to pay off debts and share the equity out, both of you renting a new place.

Fire_Fox

Vikingfan wrote: »

I'm considering moving out of the house and letting her stay,I will continue to pay the mortgage and building insurance. Will these payments count as maintenance
Eg mortgage + contents insurance is roughly £300 a month and I am due to pay £500 then I could pay mortgage and insurance and then the remaining £200 a month as maintenance for the children, also.anything else I have to take into consideration.

Tell all utility companies I have left and pay off any remaining bills

AFAIK mortgage payments etc count as maintenance. IMO pay mortgage and buildings insurance, you may have trouble insuring contents for a house you don't live in. Will she be eligible for council tax benefit? If not maybe pay that because the penalties are quite severe if it goes unpaid. Yes take your name off all the other bills. Keep records of EVERYTHING you pay, nothing in cash. If you do a bank transfer write a note that it is for maintenance/ child support, if a cheque write on the back that it is for maintenance/ child support.

Vikingfan

burnoutbabe wrote: »

is there any equity in the house? with equity and debts, seems most sensible to sell it to be able to pay off debts and share the equity out, both of you renting a new place.

That was my idea from the start but she has not been amicable at all,she has even taken money out of my account so I have now froze that account and the money needs paying back,while living with her it is just making my debts grow

daska

Just came back to this thread and noticed people talking about dissociation - AFAIK you can't dissociate from someone when you're living under the same roof or have any form of credit in joint names e.g. the mortgage.

Just going to double check... yep:

When to Remove a Financial Association If you no longer (or never had have) a financial connection with a person, then we would recommend getting that financial association removed from your personal credit report. Common instances where you should look at removing a financial connection include:• You have noticed another persons financial information incorrectly appearing on your credit report.
• You have divorced or separated from someone. You must no longer be at the same address as them and hold joint credit arrangements or bank accounts

daska

Vikingfan wrote: »

I'm considering moving out of the house and letting her stay,I will continue to pay the mortgage and building insurance. Will these payments count as maintenance
Eg mortgage + contents insurance is roughly £300 a month and I am due to pay £500 then I could pay mortgage and insurance and then the remaining £200 a month as maintenance for the children, also.anything else I have to take into consideration.

Tell all utility companies I have left and pay off any remaining bills

I believe they do - whilst stability for the children is undoubtedly important so staying in the house is a nice to have, financial stability for both parents is even more important and she does have the choice to move!

But... you need to pay the child maintenance to her, not the mortgage company. So you're between a rock and a hard place because she could choose not to pay the mortgage in which case they'll probably pursue you because you're the one earning.

This is why it's important to get the details formalised as a financial settlement as part of the divorce.

Vikingfan

Ok so first mediation session,not much was achieved.
I mentioned I would move out,but If I did I would have to pay spousal maintenance which would amount to basically the household bills and I would still have my debts to pay.
I asked about remortgaging the house to clear the debts and was told that this would not go down well with my wifes solicitor.
So that becomes a stalemate.
My wife says she is going to apply for spousal maintenance now as I am refusing to give her petrol money,she is quite capable of working.
and we are in debt.

I have told her if she does this I will put a stop to all unnessacary outgoing,childrens activities,basic sky package.She seems to think I am trying to scam her even though this was all discussed in front of the mediator

Fire_Fox

Vikingfan wrote: »

Ok so first mediation session,not much was achieved.
I mentioned I would move out,but If I did I would have to pay spousal maintenance which would amount to basically the household bills and I would still have my debts to pay.
I asked about remortgaging the house to clear the debts and was told that this would not go down well with my wifes solicitor.
So that becomes a stalemate.
My wife says she is going to apply for spousal maintenance now as I am refusing to give her petrol money,she is quite capable of working.
and we are in debt.

I have told her if she does this I will put a stop to all unnessacary outgoing,childrens activities,basic sky package.She seems to think I am trying to scam her even though this was all discussed in front of the mediator

Speak to your solicitor, I think she is trying to pull a fast one because she knows you have not taken proper legal advice. Courts like clean breaks they do not like spousal maintenance, she can claim benefits to support herself. Why are you paying for Sky when you are in debt? There are plenty of channels, TV doesn't improve their brain or physical health. Your children need their father not so stressed now, and not in debt so he can help them out with university when the time comes.

Vikingfan

The mediator said I would likely have to pay spousal maintenance,but this was referring to if I left the house (the mediator said she is then classesd as abandonned) not sure if that would also paint a poor picture of me.

I don't want to do this and leave her in the doo dar unable to pay bills but she is being unreasonable by refusing to work and take some financial responsibility.

The sky tv was a basic package as it was cheaper than the Ariel upgrade we needed at the time