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Q. My partner and I are splitting after 11 years together. She has asked for child maintenance – how is the amount settled upon? What if I think it's too much and want to contest it? Working out the appropriate level of child maintenance to pay is usually relatively straight forward as it is formulaic and regulated by the Child Maintenance Service. You can use their online calculator at www.gov.uk/calculate-your-child-maintenance to ascertain whether the level of maintenance sought by your partner is reasonable. If you partner seeks more than the figure as calculated by the child maintenance service, it is a matter for you whether you agree to an enhanced rate. You may choose to do so if your circumstances allow it but that would be your gift, not a legal obligation. If you do not agree with the level of maintenance as calculated by the child maintenance service and the agency is formally instructed to pursue you for payments, you would need to speak to the office managing your case. They will have written to you formally and should have provided you with a reference number and contact number. Alternatively, contact numbers can be found on the agency’s website at www.gov.uk/child-maintenance/contact. If in doubt, speak to a solicitor and try and reach a sensible agreement with your partner for the benefit of your child. Despite your separation, you will still need to work together as parents to raise your child for many years to come. The more amiable you can keep the relationship, the better for all. katie spoonerDo you have a question for Katie? Please email her.
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Q. I am divorcing my husband of 27 years. My lawyer has drafted a document which has tried to achieve a fair division of our assets. My estranged husband is arguing it and saying it's not fair because he went to work and I stayed at home to look after the children. What are my options? How can I show him that I am entitled to my share? You have been married a long time and have children together. Both of your contributions to your marriage, in the main, will be considered equal by the courts. Your contribution as a housewife and mother is as important as your husband's financial contribution unless he can prove that his contribution has been so unique, special and/or significant that extra weight should be given to it; for example, Ryan Giggs is currently (April 2017) arguing "special contribution" within his divorce to try and shift the division of assets in his favor as a result of his hugely successful football career. If not, it is likely that the court will expect an equal and fair division of your assets to ensure you both can move on independently of the other, and to ensure equality between you. If it is not possible to demonstrate to your estranged husband that your proposal for the division of your assets is fair and reasonable, ask your solicitor to invite him and his lawyer to a round table meeting so that you can both explain your positions to the other against the backdrop of legal advice and guidance. If this does not work, rather than issue court proceedings given how busy and underfunded the court systems are, discuss with your solicitor the possibility of arbitration. You and your husband would choose (and pay for privately) an arbitrator to decide your case for you. An arbitrator is similar to a judge. They may be a qualified solicitor or barrister and may be a retired or part time judge. They are formally trained and you can choose a suitable arbitrator with the expertise to suit your case (you can search for qualified arbitrators by location or area of expertise at http://ifla.org.uk/) . You can then choose the date and venue suitable to all to have your matter heard by the arbitrator before a final decision is made. It can be the most sensible, quickest and cost effective way to resolve your dispute particularly if you and your estranged husband cannot see the fairness and/or reasonableness of the others position. Do not be put off by the private fees of the arbitrator. In my experience, the fees for the arbitrator are easily covered by the fees you save in solicitors costs either continuing to argue your respective positions back and forth or trying to resolve your matter through the slow and clogged court system. katie spoonerDo you have a question for Katie? Please email her. Q. My husband has just hit me with divorce papers. Our house, bank account and wills are all joint – how can I make sure I am protected? What’s to stop him from taking all of our money out of the bank? Seek legal advice straight away. Make an appointment with a solicitor and make sure they write to you husband or his instructed solicitor to record that the financial status quo as enjoyed through your marriage must remain the same until you reach an agreement as to how to deal with and divide your assets moving forward. Your house is in joint names and therefore your husband will not be able to sell or borrow against the property without your consent. Your bank accounts are more concerning as each of you can make unilateral transactions. This is why it is important that your husband is notified formally by a solicitor that he must not make any unilateral payments or transactions at this stage, and the mortgage and household bills must continue to be paid. If you strongly believe that your husband may withdraw all your joint funds out of your account and potentially abscond, speak to your solicitor about freezing the accounts to prevent this. Emergency applications can be made in this regard when there is a real and immediate risk. You will however, need to consider how you will continue to meet your day to day expenditure needs and how the household bills will be met if the accounts are frozen. Speak to your solicitor about this as it may be that a sensible discussion can be had with your husband about how your finances can be managed while you work through the divorce and work towards a financial settlement that divides your assets fairly between you. Your will is slightly different as it stipulates how you wish your assets to be distributed in the event of your death. If your will is joint with your husband, it will become invalid upon your divorce and therefore you will need to have a new will drafted in any event at this stage. In the circumstances, you may wish to consider the current drafting of your will now in case anything should happen before your divorce is concluded. Speak to your solicitor about this to ensure that you are content with the terms of the will, and consider whether this is something that needs to be redrafted now and/or following the conclusion of your divorce. katie spoonerDo you have a question for Katie? Please email her. Q. My wife and I have been married for 14 years and we have two children together. She recently told me that she wants a divorce but I have no money. My wife is the main bread winner and controls all of our finances. I don’t have any private savings to pay for a solicitor – what can I do? A: As the financially weaker party, you have a number of options available to you to ensure you get fair and equal access to legal advice similar to what your wife may be receiving. However, before we steamroll in, I would suggest speaking with your wife about what she is proposing in terms of your divorce, the care of the children, financial arrangements and the payment of legal advice. You may reach an agreement with her and as a result, you may only need to instruct a lawyer to draft any legal documentation to finalise everything. However, if you are unable to come to an agreement or even have a constructive discussion about such sensitive issues, or you would like legal advice on any proposed settlement before it is finalised (which I would always advise) or assistance with completing any court document you can:
b. A Legal Services Order which would involve an application to the court for your wife to fund your legal fees. This will either result in: i. the court ordering your wife to pay your legal fees (if your evidence supports such an order); ii. your wife making an offer to cover your fees in full; or iii. your wife making a suitable contribution towards your legal fees sufficient to enable you both adequate and fair access to the legal profession to deal with the issues you are facing as a result of your separation/divorce.
Katie SpoonerDo you have a question for Katie? Please email her or tweet @KatieSpooner01 |
Katie spoonerKatie is Partner and Mediator in Winckworth Sherwood’s Family Team, with over 10 years’ experience advising on all family issues. 
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