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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2733
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son has been married for 4 years to a lady 8 years older

Customer Question

My son has been married for 4 years to a lady 8 years older with 2 children (19 and 14 yrs-old) and has a daughter of 5.5 yrs with her. Until the daughter started school he was looking after her and was studying and working sporadically, Since a year he is working in his field and since 8 months separated from his wife. The situation at home became impossible by the uncontrolled overspending and lawn taking of his wife leading to several debt-collectors visits and him taking heavy and high-interest lawns. This behaviour continues and there is another dept to Tax Reveniew Dept. for overtaken social help. The wife refuses to discuss the matters or gives wrong information. Actually she and her children, and her mother behaved very badly towards him and in fact forced him to leave, especially as the constant shouting and confrontations were affecting seriously his daughter who is already having problems with her development. The mother works as parcels
carrier with irregular time and is devoting her spare time to several horses. My son started immediately paying direct debit child care. The child visits Friday night and returns Saturday afternoon. Unfortunately, the mother's hygiene habits are very poor and this is the only time the child has bath and her hair washed etc., goes to bed early. As she does not have a healthy regime at home and goes to bed very late and as a result refuses to go to school in the morning, her father travels to their town every morning to take her to school before work, also now he is allowed to visit her twice a week after work. He lives in another town, but still works at the old town.
He would like to get a divorce now as his financial situation is getting worst with the confrontations with his wife and her children are always disturbing and nerves-breaking not only for him, but for his daughter too.
He has no property and his salary is £1300. He has a lawn to repay of more than £3500 and monthly expenses for housing etc.
What would you advise for a divorce with limited resources as soon as possible. What documentation is needed?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Based on the information you have provided he will be able to apply for divorce under unreasonable behaviour. He will need to complete a divorce petition and provide a £550 court fee to issue this. You state his financial position is not great, and therefore he would be able to apply for a possible fee remission using form EX160.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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Customer: replied 11 months ago.
Thank you for your advice. I am wondering at the divorce proceedings will be considerate the child situation and child support and the time with each parent, or this will be another court? Can the wife claim support or anything else?
Expert:  Harris replied 11 months ago.

The divorce will not deal with the child arrangement issues and this must be looked at and agreement attempted separately. In relation to child maintenance, if they both live in England or Wales, then the CSA/CMS has jurisdiction and child maintenance will be calculated based on the non-resident parent's gross income and how often the children stay with the non-resident parent on average. For his case it will only be in relation to the 5 year old as the other children are not his and it does not appear that he has assumed financial responsibility for them.

Both of you would be entitled to claim financial relief from the other arising out of the marriage .

Customer: replied 11 months ago.
Thank you for your replay. It is not very clear for me the last phrase ..."both of you - do you mean my son and his wife? would be entitled to claim financial relief (? this means) arising out of the marriage. They were renting, the cars were on the name of the mother-in-low, he left with his personal belongings: cloths, books, computer.
Expert:  Harris replied 11 months ago.

Apologies, I was meant to say both of "them". So they can each seek financial relief from the other arising out of the marriage. You state that there are no assets, but financial relief can include spousal maintenance if they cannot meet their reasonable needs.

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