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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34129
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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Spousal Maintanence

Customer Question

I have been cohabited with my husband before marriage for almost two years and we have been married for ten months. We separated in last August when he left the house and went abroad, until now it is almost a year. During this year I have been ill due to emotional distress. He is Spanish and I am Chinese. I am holding an EEA2 visa. As I know he is working outside UK at this moment, and I am going to continue my university study in September. I would like to apply for spousal maintenance to support my study and until I remarry. Is that possible to apply for spousal maintenance in this case, how big is the winning possibility? And what is likely the legal cost for each of us? Can we do this in a simple way like signing a financial agreement through the help of a lawyer rather than go to court?

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.
What income do you each have and what capital assets are there?
Clare
Customer: replied 2 years ago.

I don't have any income, I am a student. As my husband is abroad working, I have no access to his financial information, but as I know he is working and also self-employ and the salary estimate will be around 24000 pound per year.

Expert:  Clare replied 2 years ago.
Hi
What were you doing prior to the marriage?
Clare
Customer: replied 2 years ago.

Student.

Expert:  Clare replied 2 years ago.
HI
What was your ex earning whilst you were together?
Clare
Customer: replied 2 years ago.

He was self-employed with 30 pound/ hour as a tutor, he also had an internship with 500 pound/week for a month. We got some support from his family as well.

Expert:  Clare replied 2 years ago.
Hi
How old are you both?
Clare
Customer: replied 2 years ago.
I am 24, he is 23.
Expert:  Clare replied 2 years ago.
Hi
I am sorry but your chances of securing spouse maintenance are very limited given your ages and that there are no children and he is not a high earner.
In addition the fact that he is living abroad would make it very difficult to enforce and Order if one was made.
Obviously if you and he can reach an agreement that is a different matter - but it would be unwise to risk the costs of a Court Applictaion if he does not.
I am sorry not to give you better news - please ask if you need further details
Clare
Customer: replied 2 years ago.

In case that he does not reach a financial agreement, and we end up in court. If I win, can I apply, so that he needs to pay for the court fees?

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