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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1198
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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MY HUSBAND OF 41 YEARS LEFT TO CO-HABIT WITH ANOTHER WOMAN

Resolved Question:

MY HUSBAND OF 41 YEARS LEFT TO CO-HABIT WITH ANOTHER WOMAN - DECREE ABSOLUTE ON 29TH MARCH. HE IS REFUSING TO MEDIATE A SETTLEMENT OR ANSWER CORRESPONDENCE. I AM 80 YEARS OF AGE LIVING IN THE MARITAL HOME - CAN I CLAIM SPOUSAL MAINTENANCE PENDING ARRANGEMENTS FOR OBTAINING A SETTLEMENT. TIME IS IMPORTANT AS I AM SPENDING MONEY AND HAVE VERY LITTLE INCOME FROM PENSION AND SAVINGS DEPLETING ON LIVING EXPENSES. I DO HAVE SAVINGS SO DOES HE AND INCOME AROUND £30,00.OO PER ANNUM AGAINST MY £7,200.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask - has Decree Absolute already been pronounced in the divorce proceedings - was your reference to the 29.03 - last year? or forthcoming? Kind Regards Caroline
Customer: replied 1 year ago.
Forthcoming.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello it is your application for Decree Absolute? Kind Regards Caroline
Customer: replied 1 year ago.
Yes.
Customer: replied 1 year ago.
Yes sorry it is the Decree Absolute and will be pronounced 29th March 2016 (six weeks one day after Decree Nisi). Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello You need to make an urgent application to court to stop Decree Absolute being pronounced if you want to seek maintenance whilst the matrimonial finances are being resolved. When a marriage breaks down, either spouse can apply for spousal maintenance (s.22 of the Matrimonial Causes Act 1973 (the 1973 Act)). The court has power to order maintenance pending suit during the divorce proceedings until there is decree absolute. There must a "suit", that is, a divorce petition must filed at court. No application for maintenance pending suit can be made after the court has made a decree absolute. If your husband wont agree interim maintenance - you can apply to the courts, you’ll need to provide a short written statement setting out your financial position including:Your present income including your earnings, money received from your ex-partner, and any state benefitsYour capitalAny debts you haveDetails of what you need on a day-to-day basis in the short term You can start proceedings using this form: http://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf You should consider mediation first unless you are in serious hardship - otherwise the court will reject your application. Kind Regards ***** ***** kindly remember to star rate my service so that we receive credit for helping you today
Customer: replied 1 year ago.
My husband petitioned for divorce on two year's separation although he left the marital home to live with another woman he had been seeing for six months previously. He will be 67 later this year - the 'girlfriend. 75/76. Actually applied nine days before the two year period complete but was delayed.I did attended a Mediation Assessment and arrange for the following meeting. Husband attended a Mediation Assessment separately and though agreed to carry on later withdrew. Is now ignoring requests to take this further which is taking time and I am still spending savings to keep the marital home going and myself. I was wondering if there is anyway I can claim some kind of regular payment from him until Settlement, i.e. Spousal Maintenance.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes - but only if you do not obtain decree absolute now - so you need to withdraw your current application. Ask the Mediator to sign your Form A and then submit your application to the court seeking interim maintenance. The court can order monthly regular payments if they consider you need it. Kind Regards ***** ***** kindly remember to star rate my service
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Customer: replied 1 year ago.
Thank you - I understand - but when husband withdrew from Mediation I was told the Case/File had been closed and it was left at that and therefore I do not have the Form A to fall back on. Feel there has been a lack of communication and that is why I made this enquiry. I am at stalemate whilst endeavouring to get closure and finances sorted.
Customer: replied 1 year ago.
My monthly expenditure exceeds my income by approximately one third and therefore I rely on savings to live fairly frugally and they are dwindling by the day. When considering Interim Payments and 'need' are savings taken into account by the Court and does my husband's income enter the equasion as he has an income at least four times as much as mine and co-habiting.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes - of course - the court will consider your husbands needs and it will help your application then it is significantly more then yours. Please do not hesitate to ask if I can help you further. Kindest Regards Caroline