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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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i was made redundent from the Royal Navy in 1996, I met my

Customer Question

i was made redundent from the Royal Navy in 1996, I met my wife in 2004 and we married in 2007, we separated last year and she now wants a divorce. I recieved a lump sum compensation at the time i left the RN and i recieve a small ammount (£124 pcm) is she entitaled to any of this as it all happened 11 years before we married
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Please give me the following information.

What is the house worth?

If you have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Both incomes?

How old are the children?
Customer: replied 3 years ago.

house is worth £220,000
mortgauge.......£210,000


Married.......5 years


no other pension/savings


not sure on income self employed


No children.Together both have 3 from previours marrige

Expert:  Stuart J replied 3 years ago.

Is the £124 per month ongoing income?

How much of the lump sum do you still have?

Does she earn any money?

Has she decided not to continue with mediation because it was not going the way she wanted? Please explain

.. Thank yo
Customer: replied 3 years ago.

Yes ongoing till death
lump sum all gone


she has a small job


i understand she only had to attend one mediation meeting as a prerecreisite for legal aid

Expert:  Stuart J replied 3 years ago.

So she is wanting some of the £124?

The £124 is simply treated as income , along with your other income.

To be frank, on these facts,, it is probably going to cost more to argue then she is actually arguing over u unless you have a lot of savings somewhere. What exactly is she wanting in total?

Are you eligible for legal aid? are you using a solicitor?

Customer: replied 3 years ago.

hAVE A MEETING WITH SOLICTOR ON wEDNESDAY. Not sure if im eligible for legal aid. Will ask then


 


Just wondered as this was money from when i was in the Navy years before i met Sally weather or not she had a claim on it????


Thanks for your help ..........Nige

Expert:  Stuart J replied 3 years ago.


There
is a possibility of a liability for spousal maintenance, maintenance paid to
keep a spouse , as opposed to children. Although most commonly paid from
husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most
importantly, need. There is no exact formula, but these links will give some
reading..

http://www.pannone.com/media/articles/family/family/spousal-maintenance-how-much-and-for-how-long





and





http://www.familylawweek.co.uk/site.aspx?i=ed33597


It is not about equalling incomes or assets.

Can I help further?






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The thread remains open. Thanks



and







http://www.findlaw.co.uk/law/family/divorce_and_dissolution/maintenance/500184.html


Stuart J, Solicitor
Category: Law
Satisfied Customers: 22401
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.


many thanks there is more to this than a yes or no answer will put it to my solicitor on Wednesday........thank again Nige

Expert:  Stuart J replied 3 years ago.

I am just on my way into the office and will get back to you as soon as I arrive.

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