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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33297
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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My partner of, living together, 12 years told me on the morning

Customer Question

My partner of, living together, 12 years told me on the morning of 22nd April 2015 that he was leaving me and our 12 year old daughter. He left there and then and has moved in with another woman who he has been having an affair with for a number of months. He first offered to pay me £375 in child maintainable but after I said I was entitled to more he has asked me to come up with a figure to discuss. I am worried I will not ask for enough. What I don't want to see him struggle, I have our daughter to cloth and so on. He earns £35000, I earn £20000. Please tell me what I am due.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Do any other children live in his new household, and does your daughter ever stay with him overnight?
Clare
Customer: replied 1 year ago.

No more children. She doesn't stay with him ever. He is meant to look after her on Sundays when I work but the first Sunday he left her alone until 12.30 today he said he was working but turned up to work his dog,which he has also left with me, a t 10.30 and was out all day. Our daughter feels terrible that he lied.

Expert:  Clare replied 1 year ago.
Hi
May I ask why you thought you were entitled to more than £375 a month?
Clare
Customer: replied 1 year ago.

I believe I am entitled to spousal benefit, a percentage of his pention and also that our daughter should be provided with a home. That we should be financially the same as before he left.

Expert:  Clare replied 1 year ago.
Hi
Are you married?
How much is the house worth an dhow much is outstanding on the mortgage?
Who actually owns the property?
Clare
Customer: replied 1 year ago.

We are not married and the house is rented.

Expert:  Clare replied 1 year ago.
Hi
I an so very sorry but since you were not married you have no financial claim on your ex, and since the house is only rented there is no capital claim you can make either.
Your only entitlement is fo Child Maintenance for your daughter.
the rate is 12% of his gross income - which is less than he has offered.
I am afraid you would be wise to accept what he has offered
Please ask if you need further details
Clare
Customer: replied 1 year ago.

We have lived together for Moore than 2 years that entitles me to a % of his pension and spoun, cil maintainance. Are you saying my daughter and I should be poor while he and his new woman can live life to the full

Customer: replied 1 year ago.
Relist: Inaccurate answer.
Expert:  Clare replied 1 year ago.
Hi
I am sorry but you are mistaken, in the UK there is no concept of the "common law spouse" and you are NOT entitled to his pension or for personal maintenance
You can confirm this here
http://www.resolution.org.uk/advice/livingtogether/
I wish it was not the case - but I am afraid it still is
Clare

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