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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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Me and my husband are getting divorce,, I make so little

Resolved Question:

me and my husband are getting divorce, I am Thai, I make so little money i just want to ask if i can claim a maintenance?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I am Thai, My husband and me married since May 2010, i have small food business which earn a little just enough to contribute our life in the past. My husband earn more than me. We bought a property together in Feburary 2015, most of deposit money was from my husband which he got it from sold his mother flat ( the sale was after we got married). He had met another women around August 2015 and straight away wanted to leave me and wanting divorce straight away. I just have advice from some solicitor that i could get 50/50 from the property and a maintenance maybe 2-3 years, is this always true?My husband said his solicitor told him that the maintenece for someone tht have kids together as we don't have one. i just want to another opinion about the settlement and how things split. although my husband who had an affair but he was the one who filed for divorce and i let the his divorce petition true just to save cost of everything. I just want to check if the solicitor that i have now is right with what they said. please help
Customer: replied 1 year ago.
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Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the property worth and how much is outstanding on the mortgage?

What income do you each have?

Customer: replied 1 year ago.
Thank you Clare,
the property we bought was £450,000, the mortgage were £382,000
Now he saying that the deposit was his inheritance from his mother ( he sold his mother's flat after we married) would this will effect the settlement? we also signed on the paper with solicitor if we were going to divorce will split 50/50.
the outstanding balance now £370,000.
I earn £7,000 a year, my husband earn 60k-70k not he claim that his company not making money and he is 25k in debt.
He met someone and within few months the women he met pregnant with his baby, i don't know if this will effect the settlement if we end up go to court. He been paying the mortgage and the bill until today he saying he will have to stop and transfer all bill into my name as he not living in the property. I just want 50% share from the property and 2 years of maintenance, is this sounds possible? from your experience.
Thank you
Expert:  Clare replied 1 year ago.

Do you wish to retrain to enhance your work prospects?

Customer: replied 1 year ago.
I am try to get to work more by teaching cooking ( can not start right away) and want to have a sum money to start up my takeaway cafe but that can't happen without having my own place with kitchen. which i need some money to fund for renting for a couple.
Expert:  Clare replied 1 year ago.

Did you actually leave Thailand as a result of your marriage

Customer: replied 1 year ago.
Me and my husband met in London back then i had a student visa. We married here as well. But i don't have any family here, was only him.
Expert:  Clare replied 1 year ago.

How long have you actually lived together?

Customer: replied 1 year ago.
We married in May 2010 ( almost s8x years)
Customer: replied 1 year ago.
Sorry * almost six years.
Expert:  Clare replied 1 year ago.

Was that when you first lived together?

Customer: replied 1 year ago.
Oh sorry i was November 2009 when I moved in with him.
Expert:  Clare replied 1 year ago.

Thank you for that.

A seven year relationship is seen as being of medium length.

It is unlikely that the court will move away form a 50/50 division of the matrimonial home - at worst it could go 60/40 in his favour because of the inhertance - but I think that is unlikely.

Given the substantial difference in your incomes and the fact that this is not your country of birth I believe that Spouse maintenance time limited to two or three years is very likely to be awarded to allow you to get yourself into a position where you can support yourself fully.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you Clair,
Right now my husband claiming that his business is in debt which i feel like he is not truthful about what he telling me. And he is working in Indonesia and i can not check if he has open another bank account to hide his true income from last year. he is going to be a father of his first child with the Indonesian women he met ( his affair) Would all of this will effect the settlement?
Sorry if my English not very clear. And anything you would like to advice me in additional?
Thank you
Expert:  Clare replied 1 year ago.

If he i snot being honest then you may get a larger share of the matrimonial home

Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Clair,