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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1940
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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M estrange husband has been out of the house and half

Customer Question

m estrange husband has been out of the house for 3 and half year. right through this time he has never given me any sposes maintenance all this while, and even had to give him to the CSA for the little figure they could calculate since he is self employee (nurse)
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Have you pursued a divorce? As part of the divorce you can pursue an application for financial relief whixh includes spousal maintenance and other fimances. What other assets do you both have and how old are the children?
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1940
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
WE HAVE MAINLY NO ASSET, SINCE RIGHT THROUGH THE MARRIED I DID PUT IN SO MUCH HELPING HIM IMPROVE HIMSELF AND SUPPORTED HIM WITH ALL I HAD. BUT NOT KNOWING EVEN BEFORE WE GOT MARRIED HE HAD ALWAYS BEEN SEEING OTHER WOMEN, BUT FINALLY AFTER MY SECOND CHILD WAS BORN AFTER 4 MONTH, WHEN HE WAS ALSO JUST DUE TO FINISH HIS NURSING HE DECIDED TO WALK OUT ON ME AND THE CHILDREN WHO ARE NOW 4 AND 7 YEARS
Customer: replied 10 months ago.
HE STILL HAS NOT BROUGHT ME ANY DIVORCE REQUEST
Expert:  Harris replied 10 months ago.
Thanks. In the circumstances you should consider making an application for divorce either under unreasonable behaviour, or two years separation (for two years separation he will need to agree to this in writing first). Once the divorce petition has been issued you can pursue an application for financial relief under form A and a £255 court fee. The financial relief proceedings will consider both of your full financial positions, and both your needs and children's needs and the court will decide on a fair order to be made. However, as you both do not have assets the main issue will be looking at spousal maintenance and whether this is appropriate. What is your income and reasonable monthly outgoings, and what is his income?
Customer: replied 10 months ago.
as at now my income is mostly just over £ 650-700 monthly when my pension and monthly company shares and extra are deducted. i have been told clearly with how he is working now privately as a nurse he should be earning between £600-900 a week or more. my outgoings are lots since there lots of payment to cover, loan, car, bills, credit cards and more
Customer: replied 10 months ago.
is Harris around or will he get back to me later
Customer: replied 10 months ago.
still not heard back, not sure what going on.
Expert:  Harris replied 10 months ago.
Hi, sorry for the delay. Company shares and Pensions are considered assets and these will be taken into consideration as part of the financial proceedings. You both need to give full and frank financial disclosure and this will need to be scrutinised to assess if all the information has been disclosed between you. As you are currently unable to meet your needs, spousal maintenance is an option up to the shortfall of your reasonable needs, however, the court would want to put a time limit on how long he has to pay spousal maintenance. Your husband is likely to want you to demonstrate that you are maximising your earning potential both through work and benefits.

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