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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor. Partner in own firm.
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I just separated after 8 months marriage to an American citizen

Customer Question

I just separated after 8 months marriage to an American citizen who left to US 3 months ago and haven't hear from him! I asked for spousal support as I am not working (ESA benefits) but he refused saying his money has depleted. I find out that he's purchasing a house in US. What are my chances of getting him to pay some maintenance to me (we have no children).
Regards
Rachida
Submitted: 1 year ago.
Category: Family Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Of course. That's fine. However, if I cancel, will I get my refund?

Thank you

Rachida

Expert:  Nicola-mod replied 1 year ago.
Hello Rachida,
We will continue to look for a Professional to assist you.
Yes, we offer a full refund on request.
Thank you for your patience,
Nicola
Expert:  JGM replied 1 year ago.
Thank you for your question.
What were your financial circumstances before you married?
Customer: replied 1 year ago.

Same on ESA benefit and still.

They guy is buying a house in US, I have prove on email.

Have investments abroad.

Expert:  JGM replied 1 year ago.
Thanks for responding. The law on this is that the party with the lower income can apply for maintnance to be paid by the party with the higher income.
The following considerations are relevant as to whether and how much maintnance should be paid:
(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
(b )the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) the standard of living enjoyed by the family before the breakdown of the marriage;
(d) the age of each party to the marriage and the duration of the marriage;
(e) any physical or mental disability of either of the parties to the marriage;
(f) the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
(g) the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
(h) in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
So your application for maintnance would be competent. Your problem may be that the marriage wasn't very long so any award may not be for a particularly long time and could be for a year or less.
Happy to discuss further.
Customer: replied 1 year ago.

Well, I can wait until a year is up, however, I am not sure that UK legal system can get me anything in US becuase the guy is American and go ne back to USA! No guarantee!

Expert:  JGM replied 1 year ago.
There are reciprocal maintenance arrangements between the U.S. and the UK so whilst it isn't as straightforward as when both parties are in the same country it still can be done. You will need to see a solicitor to help you with this.

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