How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Hello My partner and I are in the process of having our

Customer Question

Hello

My partner and I are in the process of having our civil partnership dissolved, we both live in spain and my ex partner works in Gibralter. However she is filing for the divorce in the UK. I will be moving back to the UK in the next few months and need to know how I should go about applying for maintenance payments.
Should I apply in Gibralter or in the UK and can I apply before the divorce is finalised?

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question.
How long have you lived together and what income do you each have?
How far has the dissolution reached?
Claire
Customer: replied 3 years ago.


We have lived together for 6 and half years, my ex earns 38,000 pounds per year, I have no income.


 


It has only just started, she is having the initial papers sent to a friends address in the uk, I dont know exactly what they are but she told me once it is sent here (spain) I will have to sign, thats all I know. It has been a terrible time for me as I have been left in spain on my own having only moved here 6 months ago, I have one english speaking friend downstairs but he has managed to get me an appointment with an english speaking lawyer here, so I can discuss things such as the divorce settlement as we own a joint property here in spain.

Expert:  Clare replied 3 years ago.
Hi
Are you intending to return to the UK?
Claire
Customer: replied 3 years ago.

yes, I have asked her today to please give me a part payment of what the final divorce settlement will be (???) so I and the cat can get back to the uk, find somewhere to live, furniture and money to live on until I can get part-time work as I also have a serious chronic illness ( SLE-Lupus).


I have been here for over 2 and half months now on my own and I need to just go back where I have my friends and support. Thanks

Expert:  Clare replied 3 years ago.
Hi
What assets are there in joint or sole names?
Claire
Customer: replied 3 years ago.

2 bedroom flat, furniture, a car and a motorbike

Expert:  Clare replied 3 years ago.
Hi
How much are these assets worth and whose name are they in?
Claire
Customer: replied 3 years ago.


The flat is in both names, it is yet to be evaluated, it is certainly because of the recession not worth anywhere near what we paid for it, of course all the furniture is jointly owned, however I do not have a license so the car and motorbike are in her name but they are marital property as we have both paid for them and the upkeep etc

Expert:  Clare replied 3 years ago.
Hi
Are there any joint funds at all - and do you have any income from benefits?
Claire
Customer: replied 3 years ago.


No savings anymore, no I dont receive benefits, I will most likely need to apply in the uk when I return, I should apply for maintenance support?

Expert:  Clare replied 3 years ago.
Hi
OK.
If you can get back to the Uk then you can apply within the proceedings that have been issued for Maintenance pending suit (interim spouse maintenance) to help you re-establish yourself.
Given the length of the relationship any such maintenance is unlikely to be long lasting - two or three tears being possible
Claire
Customer: replied 3 years ago.


Hi


 


Thanks but I dont know when I will be able to get back to the UK, I presume if she has just started the proceedings it will take 6-8 weeks?? Can I apply for it in Gibralter, is it the same as the UK as is it a UK territory?


 


My main question was, how do I go about applying for it?


 


What happens if I cant apply in Gibralter and I dont get back to the UK until the divorce is already finalised? If the divorce is finalised can I still apply, how can I apply if I am here and I need to go to a uk court to apply for an order? I hope you can see what I am trying to ask and can you please put it non legal terms as much as possible. Thank you

Expert:  Clare replied 3 years ago.
Hi
If the proceedings have been issued in England and you are living in Spain there is no basis on which you can issue proceedings in Gibraltar I am afraid.
Your only option is to issue an application within the UK proceedings once they have been issued.
This is done using a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and paying a fee of £240.
If proceedings have not been issued you may wish to investigate the possibility of starting them in Spain
Claire
Customer: replied 3 years ago.


Thank you, however I do not have any money only the little money she is giving me to live on each month, so therefore will she have to pay for the fee as I cant and I am completely dependant on her athe moment for financial support? Could you please tell me exactly what you mean by " once they have been issued" Do you mean the dissolution papers?

Expert:  Clare replied 3 years ago.
Hi
I am afraid that she will not apply for you to have interim maintenance and you cannot force her to do so.
I was indeed referring to the Dissolution papers as you can do nothing in the UK unless they are issued first
Claire
Customer: replied 3 years ago.

Thanks, however I did not mean that she apply but that as I am completely dependant on her financially would she not have to give me the 240 pounds so I can then apply?

Expert:  Clare replied 3 years ago.
Hi
The problem is that you cannot force her to do so at this stage - you are caught in the trap that means that you cannot achieve anything in the UK without issuing the application
You may be entitled to Fee Remission - details here
http://england.shelter.org.uk/__data/assets/pdf_file/0018/119601/EX160A_Court_fees.pdf
But I am very concerned at your vulnerability in a foreign country with no means of support - do you have any family who could assist you?
Claire
Customer: replied 3 years ago.


Hi


 


Sorry I dont know what you mean by issuing the application. My ex is filing for the dissolution as I have no money to do it anyway. Do you mean that I cant apply for it until she has filed as I believe she is going to do so this week and if so how long until I can ask her for the money and apply for the maintenance order?


 


She is giving me a minimal budget each month to live on for example 150.00 euros per month for spending and 30 per week for food. What she is doing is horrible considering I left everything in the UK to come and support her with her new job/career progression.


 


I am waiting to see a spanish lawyer/legal aid but I dont know how much he can help me since it is being issued in the UK but we do own the spainish property. I have been alone now for nearly 3 months, no family only a sister in australia and one freind here that speaks english. I am just trying my best to get advice as to how to do all of this. I also dont know how it will work with the order for division of assets as we live in spain but she is filing in the UK. I know our property here therefore wont form part of the dissolution/division of the property so i am feeling vulnerable regarding that? If you can help me I would be really appreciative, thanks

Expert:  Clare replied 3 years ago.
Hi
It will not be dealt with in the UK if you issue first in Spain and this may be better for you - so get advice please.
Also you are wrong if the dissolution takes place in the Uk the Spanish property can still be dealt with
Claire
Customer: replied 3 years ago.

sorry claire, I think we are getting our wires crossed here. She is filing for the dissolution in the UK, she is having the papers sent to a friends in the UK. We are not getting divorced in spain as here they call it marraige and in the UK, civil partnership so it will be very lengthy and will cost about 8,000 euros. Please I am getting very frustrated here, I just want to know what you mean by issued exactly and how will I know when I can apply for the maintenance order.


The last bit is not clear either, what do you mean, that our spanish property can be dealth with by the UK system?

Expert:  Clare replied 3 years ago.
Hi
Just because your ex partner wants it dealt with in the UK does not mean that that is what is best for YOU.
IF proceedings are issued in the UK you are disadvantaged as you are not in the UK and will find it difficult to make applications to the Court which is what you will have to do if you wish to apply for Spouse Maintenance.
However once the Dissolution Papers have been sent to you by the court you can then send your application for the financial issues to be dealt with to the court.
however what worries me is how you will attend court to deal with the court hearing
Claire
Customer: replied 3 years ago.

So if I do not agree and sign any papers from the UK as in the petition can she still go ahead with the dissolution, I have been told that as neither of us are currently living in the UK, what she is doing is misleading/illegal? So what do I do then, do I say to her that I want the divorce dealth with in spain can I do that? She told me it could take up to a year, I am so confused as to what to do??


Can I not make the maitenance order to the uk online, if I have to appear in court in the UK for the order, when can I expect that to take place, if she has made the petiton this week and will she have to appear at the court as well?

Expert:  Clare replied 3 years ago.
Hi
Yes she may well be able to go ahead anyway - the Dissolution of the relationship is separate from the Financial issues - and there is not likely to have to be a hearing
Please get your own information about the position in Spain - do not rely on your ex
Claire
Customer: replied 3 years ago.


No I won't rely on any information she tells me, that is for sure as of course, she will only have her own interests in mind.


 


I gather the financial issues should be discussed and agreed upon through solicitors, if we can not agree ourselves?


 


I am waiting still to see this spanish lawyer so ican have things clear in my mind.

Expert:  Clare replied 3 years ago.
Hi
Yes if it cannot be agreed then it will in fact be for the court to deal with.
I hope the information you get in Spain will be useful
Claire
Customer: replied 3 years ago.


Thank you for all your help.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice