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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am seperated from my ex husband due to domestic violence

Resolved Question:

I am seperated from my ex husband due to domestic violence can I apply for maintenance order?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi Asma
Thank you for your question.
What income do you each have
Clare
Customer: replied 3 years ago.
Hi, I am on ESA benefit I think ex is working but is not declaring?
Asma
Expert:  Clare replied 3 years ago.
Hi
how much do you think he might be earning and do you have any way of proving it?
Are you living with your new partner?
Clare
Customer: replied 3 years ago.
Clare, I am not living with partner at the moment I live with a relative. I cannot prove that ex is working its depends if ex is claiming benefits and also working on the sly. I don't know how I can prove. My partner is a student his living with his relatives.
Asma
Expert:  Clare replied 3 years ago.
Hi
Well you can claim spouse maintenance within the financial side of divorce proceedings - but only if you can prove that he has an income
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi clare, ex husband has stopped his solicitor to act for he wants to represent himself. My solicitor will given hum seven days notice if he does not respond then application for court proceedings will start. It might be bacause he doesn't want to disclose the papers he may of told his solicitor that he is owner etc can no longer act for him.
By representing himself will he have a chance success?
Thank you
Asma
Expert:  Clare replied 3 years ago.
Hi
No it will not increase his chance of success
Clare
Customer: replied 3 years ago.
Hi what about my chance of claim? I think ex is going to struggle.
Asma
Expert:  Clare replied 3 years ago.
Hi
That will depend on the evidence
Clare
Customer: replied 3 years ago.
Hi clare, its clear the property on ex husband I have matrimonial rights but the other two properties he has to show evidence that he has not contributed towards these.
He wants to represent himself to save solicitors cost or he doesn't want to disclose any of information. But I am hoping the judge will give directions of full disclosure?
Asma
Expert:  Clare replied 3 years ago.
Hi
Yes there will have to be full disclosure
Clare
Customer: replied 3 years ago.
Ex husband is making my life extremly difficult for the past 17 years of hell his put me through and now this divorce thing. He wants me to give up on claiming so he doesn't have to payout but little he knows how all this is only going to cause more stress and financial stress on him. He would rather drag this to court then payout a reasonable amount
All this is causing myself more mental stress!
Asma

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