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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Customer Question

Hi, I am my husband are going to separation. Im a housewife mow. We were married in Japan and moved to UK, and staying together for 4 years. Recently we moved to Australia for his business. I just moved here 4 months ago, and now he wants me to leave and considering divorce later. He already started seeing someone, before our discussion. He denied that she is nothing to do with our separation, but I don't think it's really fair for me. He also said he won't pay me after separation. If we really getting divorce, what can I do while Im staying in Australia?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
Are there any assets in the UK?
Claire
Customer: replied 3 years ago.
He got a flat in London. He bought it after we married and we lived there for about 4years together. When he bought it, it was £250,000. He put £200,000 for deposit. That money was came from his parents.
He doesn't have much savings.

I got about £18,000 in my UK account.
Expert:  Clare replied 3 years ago.
Hi
Will you be staying in Australia or moving to the UK?
Claire
Customer: replied 3 years ago.
I'm going back to Japan on 13/03/13.
I'm thinking moving back to UK. Probably in April.
Expert:  Clare replied 3 years ago.
Hi
Where do you intend issuing the divorce proceedings?
Claire
Customer: replied 3 years ago.
I'm thinking in England. Later I need to do it in Japan, I think.?
Customer: replied 3 years ago.
I need to go back to Japan first, but
I'm thinking moving back to London during the separation.
Customer: replied 3 years ago.
I want to get divorce in UK first, then do it in Japan later.
Expert:  Clare replied 3 years ago.
Hi
How much does your husband earn and what is your earning capacity?
Do you have any assets yourself?
Claire
Customer: replied 3 years ago.
His salary is $75,000 (australian dullers) an annual.
He is also renting his flat in London for £310 per week.

I got a account in UK and Australia.
My parents sent us some money.
I'm not earning any money at this morment. He gave me $1000 first 2 months and $1200 on third month. This month, he gave me $500.
Expert:  Clare replied 3 years ago.
Hi
T How much could you earn if you get a job?
Claire
Customer: replied 3 years ago.
I was a beauty therapist in UK, so my income was really low. Around £700 per months.

Sorry Clair, is our conversation showing to other people?
Or just between us.?
Expert:  Clare replied 3 years ago.
Hi
Once I have answered the question you will have a chance to lock it for privacy!
Under UK law you have a financial claim on the former matrimonial home ( a small one given that the money came from his parents - but a claim one the less.
Equally you are entitled to short term spouse maintenance whilst you re-establish yourself given the fact that you have disrupted your career to meet his employment needs.
This will be time limited sue to the relatively short nature of the relationship.
You need to register your rights against the house using an HR1
http://www.landregistry.gov.uk/_media/downloads/forms/HR1.pdf
Claire

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