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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 854
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband and I lived in Arizona (both British ) we had been

Customer Question

My husband and I lived in Arizona (both British ) we had been to gather for10 years before we moved and had our second child one is 24yrs the other is 21. I found out ten years ago he was having affairs. I took I was pushed to leave Arizona with my children. He is well off, and used to pay me £1500 a month until last Christmas he did not feel I should get anything. I am 53 yrs old I do not know what to do, I have no money.please help
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Please may I ask:
1) which country do you live in now?
2) which country does your husband live in now?
3) have you divorced? If yes did you deal with issue of matrimonial finances?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi
I live England ,my husband lives in Arizona and England , we both own both homed
Not divorced
Customer: replied 1 year ago.
He has paid one spousal allowance in August only 1500 one this year. I have done nothing wrong so if I complain he just puts the phone down or walks out. I really am not coping doctors have had me on medication for for about 15 years.iam so scared because he whispers some of the nasty names he doesn't want anyone to hear.iam so depressed I feel as if I am a waste of space but I have been through all the difficulty, so we both started together working hard he want accept this.
I hate my life and what can I do?
Please help me I am slowly losing my life.
Irene Hellyer
Customer: replied 1 year ago.
He has paid one spousal allowance in August only 1500 one this year, it was agreed 1500 each month I have done nothing wrong so if I complain he just puts the phone down or walks out. I really am not coping doctors have had me on medication for for about 15 years.iam so scared because he whispers some of the nasty names he doesn't want anyone to hear.iam so depressed I feel as if I am a waste of space but I have been through all the difficulty, so we both started together working hard he wont accept this.
I hate my life and what can I do? I have just found companies with my name attached
Please help me I am slowly losing my life.
Irene Hellyer
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I note that you have previously received maintenance from your husband but that this has now stopped.
I note that you are still married and have not yet dealth with the issue of the matrimonial finances. It does not matter that you have now been separated for 10 years - you can still now look to deal with divorce and obtaining a financial settlement.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement. Everything would be considered.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. The length of the marriage will also be a factor.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first. The current court fee for this is £255.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi in divorce proceedings before a court can make an order or approve a consent order. You will therefore have to commence divorce proceedings first - which you cannot issue until you you have been married for 1 year. The divorce petition forms can be obtained from www.hmcts.gov.uk
The current fee is £410
The courts have a fee remission scheme (where they can check to see if you are eligible for a reduction in the court fees. You would need to submit form EX160 with your applications.
Kind regards
I an new to this service and therefore positive feedback would be gratefully received.
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Can you find all his Money,, I don't know what he has, will you be able to find out his financial situation. I want to find where it is
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Your husband will have to engage in full and frank disclosure. You will need to scrutinise this when it is received.
If your husband doesn't engage in full and frank disclosure at mediation - then he will be ordered to do so at court.
The onus is on you to prove that he is not being honest. You will have to consider his papers carefully.
If you later found out that he had been hiding assets then you could return matters back to the court.
Kind Regards
Caroline
Customer: replied 1 year ago.
Please remove me from your
List I will have to remove my self from your company due to financial problems
Irene Hellyer
Please confirm
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Irene
My understanding is that you only pay for the questions.
Please kindly contact customer services as I have no admin authority.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi,
Great service.
Sorry, for going quiet, I have been struggling with another breakdown due to the stress over many years. I feel that after 30 years together 23 years married and two grown up kids, who I have always cared for.
I feel unable to get a reasonable response from my husband, he is very cagey, he lies, he hides, he makes me week and I become scared of upsetting him. What do I do?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Irene

I am sorry to hear that you have been suffering.

I do think that you need to start dealing with the matrimonial finances in earnest.

First step is to refer to mediation. If you don't think that your husband is being honest in his disclosure then make the Application to the court.

Kindest Regards

Caroline

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