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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 on benefits, my husband works, we have no children , we

Customer Question

I am on benefits, my husband works, we have no children , we separated in october 2013, i wish to divorce, do i qualify for legal aid and am i entitled to spouse maintenance and a percent of his pension?
Regards
Stacey hackett
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and how much does your husband earn?
Clare
Customer: replied 2 years ago.
Hi, clare,
We married on the 19th october 2012 and separated on the 23rd october 2013, we lived together in total 2 years, he earns £16,000 pa.. He is in receipt of a pension of £150 pm from a previous employer.
I hope this is the information you needed.
Regards
Stacey
Expert:  Clare replied 2 years ago.
Hi
What benefits do you receive?
Clare
Customer: replied 2 years ago.

Housing benefit, council tax, income support, carers allowance.

Expert:  Clare replied 2 years ago.
Hi
Unfortunately Legal Aid is no longer available for divorce although you ARE eligible for Fee Remission and you will not have to pay the court fees.
You have a potential claim for spouse maintenance - however his income is not large and your relationship was short making it unlikely that you will receive any.
Equally you have a claim on half of two years worth of his pension.
It is more likely that you would get a small lump sum - in the region of £1000 in full and final settlement
I hope that this is of assistance
Please ask if you need further details
Clare