UJXTT5-10-M Family Law

1.Husband left client 8 months ago.  

2.About six months before he left her around June 2019, husband began drinking to excess.  He would often come home drunk and would continue drinking.  He would sometimes come home and then go out and not return until the early hours of the morning.  On about half a dozen occasions, he was gone for a couple of days.  On each of those occasions, he refused to say where he had been, simply saying that he needed time to think.  At the time, client wondered whether there was another woman, but husband denied it.  He claimed that he was going through a mid- life crisis and needed time to reassess his life. This went on throughout the 6 months before he left and happened at least every other week.

3.Husband frequently complained that client did nothing to support him and was only interested in herself.  On one occasion, he told her that he had never wanted to marry her and had only done so because she had pressured him.  He told her that he no longer found her attractive.  Client said that their sexual relationship ground to a halt about 18 months before he left. This made the client feel very isolated and lonely. She began to feel very depressed and suffered from low self esteem. She stopped going out and seeing friends which made the self isolation worse.

4.When the parties were living together, husband earned £80,000pa as an architect.  Client has no idea where he is working now or how much he is paid.

5.Client is employed as a teacher and earns about £40,000 pa.  She has approximately £1000 in a Lloyds bank current account.  This is used for every day purposes and the balance fluctuates.  

6.The matrimonial home was acquired in the husband’s sole name in 2003 just before the parties married.  Client thinks that the house is worth approximately £350,000 and that there is an outstanding mortgage of £100,000 in favour of the Halifax Building Society.  

7.Husband has told her that the matrimonial home has to be sold and that he will give her half of the net proceeds of sale.  A week ago, she received a letter from a local firm of estate agents asking if they could come and view the property.  She called them back and told them that it was not for sale.  She has not heard anything more but now feels very insecure.

8.Husband comes to see the children approximately once a month and usually takes them out for the day.  Both children are in good health and attend Cotham Grammar School, Redland, Bristol (which is non-fee paying).  

9.Husband has offered to pay her £400 per month by way of child support maintenance for the children.  She doesn’t feel that this is nearly enough.  (NB Advised client that if husband is still earning £80,000 gross per annum (£1,538.46 per week), then he should be paying £216.62 per week in child support maintenance for two children (as this is 16% of his gross income for the first £800 and 12% for the balance).)

10.Client said she is fed up with the current state of affairs and would like an end to the matter.  She said that she would like to commence divorce proceedings immediately.

Private client rates discussed and agreed with client.  Client paid into the client account £500 on account of our initial profit costs and disbursements.

In light of the parties’ financial disclosure in their respective Form E’s, your client’s recent inheritance of £150,000 and her stated wish to remain in the former matrimonial home, we are instructed by our client to put forward the following proposals in full and final settlement of the parties’ claims upon one another:

1The contents of the former matrimonial home to become the absolute property of the party in whose possession they now are.

2Our client to transfer his estate and interest in the former matrimonial home upon payment to him by your client of a lump sum of £125,000.

3From the date of transfer, your client to discharge the mortgage repayments due in respect of the mortgage in favour of the Halifax Building Society and the gas, electricity and telephone accounts, the house and contents insurance premiums and the council tax and water charges on the property and to indemnify our client.

4Upon completion of the transfer and payment of the lump sum referred to above, there to be an immediate clean break between the parties.

5Our client to pay periodical payments to your client on behalf of each of their children, Darcy and Douglas, in the sum of £100 each per week until they attain the age of 18 years or further order.

6 Your client to pay the costs of transfer of the matrimonial home into her sole name.  Otherwise, no order as to costs.

We consider our client’s proposals to be fair and reasonable in light of the parties’ assets, income and wishes.  Please may we hear from you within 14 days of the date of this letter?