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Help with Divorce please - Financials

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Hello all

I'm just about to apply for Decree Absolute, but before I do I really want something in writing from my Husband concerning payments for the Children.

 

I have not gone after anything which he owns and am not interested in doing so - after what has happened I just want to get away from his as much as I can.

 

The background is: He has his own house (still mortgaged), his business (service and repair of motor vehicles). He also owns a racecar which is valued at around 12 - 15K. He apparently earns minimum wage, but also gets paid cash on some jobs (which I cannot prove).

 

My background is: I live in a rented house with two children ages four and six (both are his children). I have a business which I started in September this year, but cannot draw a wage yet. I receive working tax credits. I am also about to apply for a DRO as when we split there were some debts and I also had to send our caravan back which left a big financial hole!

 

I went onto the CSA site and from the basic wage info I was able to supply it calculated that I should be paid £29 per week for both children. This has been set up.

 

My problem is this. I am not the best when it comes to remembering to include everything and I need something in writing that can be followed by both of us before I file for Absolute. I also struggle to put down on paper whatever is in my head, so I've probably missed important information on here too.

 

Please can any of you people give me some guidance about this situation. I need to put something down on paper which lists payments which my Husband should make and, maybe, some kind of consequence if he doesn't? I am unsure if I can make any claim against him once Absolute is granted. Can his racecar be made into some kind guarantor if he's lying about his income or doesn't make payments? I really don't have the money to employ a Solicitor and just want to sort this as soon as possible.

 

Thank you all in advance

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Hello,

 

I'm no expert, but my understanding is that he would be required to make the CSA payments regardless of what you agree with him. If you are only asking for the legal minimum, I'm not sure you need an agreement. He may want an agreement to stop you from claiming more from him in future, but it doesn't sound like you need an agreement.

 

If you are asking for anything more, it is always sensible to get something in writing. Otherwise there is no proof what is agreed. I do think it is worth using a solicitor for this. If you can agree with your husband what the terms of the agreement should be before you speak with the solicitor, it should not be expensive. You would merely tell the solicitor the terms you have agreed and ask them to draft an agreement to reflect that. If this is really not an option, I suppose you could fill in the details of what you agreed into a template which would at least be better than doing it on a purely verbal basis.

 

My understanding is that a claim could be made against him if he failed to make payments. I think this could be done through the Child Maintenance Service.

 

I don't think it is feasible to use his racecar as a guarantor. Taking security over motor vehicles requires a 'bill of sale', and I don't think it is feasible to do that without a solicitor specialising in finance law.

 

It could be worth having a chat with child maintenance options to get some advice? See https://www.gov.uk/arranging-child-maintenance-yourself.


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Your Decree Absolute has nothing to do with your financial settlement, my partner was divorced for 5 years before financially settling as she wanted to ensure that her youngest was 18 and had financial stability until he decided on work or Uni.

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