Any family lawyers out there?
Been married 9 years, dx parky 2 years ago and now my wife wants out. She is breadwinner and I work in a school part time where our 7 year old goes. We intend to agree joint custody but he'll be living with me most due to his schooling and wife's hours at work.
1. I have limited earnings potential as my Parky gets worse so should I ask for a spousal maintenece payment. If she hadn't ended the marriage my future was financially secure but now I'll be reliant on benefits to make ends meet.
2. She tells me she doesn't have to pay any child maintenance if it's joint custody? I earn less than a taxable amount per annum and she earns about 60k.
I'm 45 and the stress is not good for my symptoms so any advice please.
You really need legal advice...perhaps the Citizens Advice could be a good starting point.
If you are in a union you can sometimes access legal advice.
I am no lawyer but supported my daughter through a messy divorce involving 2 children and weeks in court!
You may find that you are entitled to half your joint assets, and half your joint income. Also your pensions will be equalised, meaning a transfer into your pension of funds from your wife's pension to make them equal.
In addition if you have the children more than your wife you will get maintenance in relation to the extra time you have them.
My daughter was told by the judge that the division of assets was final. But the spousal and children's maintenance could be adjusted by the court if her finances changed in the future.
I do hope you get a better forum reply from someone with more than limited personal experience to draw on but I didn't want you to have no reply and no hope!
Hope it helps a bit!
A bit wordy but useful start outlining the main points in division of assets and income.
As GG says you really need some legal advice, because so many things have changed and still are changing. I'm sorry to say you may be in for a long haul, so be totally focused and stay strong. I wish you all the best and hope everything works out to your advantage. It's enough coping with PD without having to deal with anything else, but stay as strong as you can, we will all be following your progress.
Ask friends, trawl internet for recommendations for solicitor.
Do they do a free first appointment
Can you get legal aid
Try to keep communicating amicably with your wife.
Decide between yourselves how the children will be looked after and who by.
Read online divorce examples that you can use as a basis for questions for solicitor
The more you can agree between you and your wife the better and cheaper.
Find out any costs to you and avoid writing unnecessary letters
Discloe everything dont try to hide cash etc
Above all remember the kids needs are paramount