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Ask Clare Your Own Question

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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I need some advice please. My husband has left me with 3

Customer Question

Hi. I need some advice please.
My husband has left me with 3 children aged 14, 13 and 9 citing that I don't "put him first". We have been separated for 7 months with him staying rent free in a friend's house.
He told me yesterday that he needs his own place which I agree with but he then said that he will only pay half the mortgage, half the bills and £300 a week for the children. He has never let me know his actual salary but his payslips show he takes home about £6,250 per month. Until recently he was the only earner as we agreed that I would not work and bring up the children. I have recently started my own business which does not have a regular income but it would probably average out at about £700 per month. He has a good pension, investments etc and thinks he can just walk away. I think I am entitled to half of his income, pension and investments but I don't know how it all works and can't afford an expensive solicitor. What can I do please?
Submitted: 2 months ago.
Category: Family Law
Expert:  Clare replied 2 months 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

What Capital settlement has he offered?

Customer: replied 2 months ago.
We haven't got that far at all. He just said what I said above yesterday. Until now, he has been paying the bills and mortgage and giving me £1500 per month for food and all kids stuff.
He now says that he won't do this but I am unable to pay half of everything as I don't earn a regular income.
Customer: replied 2 months ago.
I can not afford an extra £44 I'm afraid
Customer: replied 2 months ago.
Please can you let me know that you are still able to offer advice over the internet? I have to go to work in a minute
Expert:  Clare replied 2 months ago.

Oh please ignore the popup - it is annoying

You are entitled to £1150 a month as Child maintenance - with spouse maintenance on top of that.

The fact that he is willing to pay half of the bills is good - but you should say that you need him to pay the full mortgage if he wishes to protect the house

You are also potentially entitled to a 50/50 share of the capital assets in the longer term.

Expert:  Clare replied 2 months ago.

Your starting point is to arrange to discuss matters with your ex using Family mediation

If he refuses then you will need to start divorce proceedings and possibly make a claim for interim spousal maintenance to include provision for an amount to cover legal costs - which is allowable under Family Law

Customer: replied 2 months ago.
Am I not entitled to half of his wages? He gets paid over £6,000 per month?
Expert:  Clare replied 2 months ago.

No not necessarily I am afraid.

Spouse maintenance is based on "reasonable needs" - and what income you have from other sources - although I would still expect it to be in the region of £1000 a month or more - but then the bills and potentially the mortgage would fall to you to pay

Customer: replied 2 months ago.
OK, who can I contact for family mediation?
Expert:  Clare replied 2 months ago.

You can find a Family Mediator here

You can find a solicitor here

If they do not mention spouse maintenance to include provision for legal fees then do not use them

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