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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Hi, I am currently separated from my husband as he has been

Customer Question

Hi, I am currently separated from my husband as he has been seeing another woman. I want to divorce him but he won't agree, and I know don't know where he is living. We have a prenuptual agreement and there are several items on it where he owes me money but won't pay up. He has just paid for a 2 week holiday abroad for both of them, and now says he cannot pay me anything off the £7000+ which he owes.
The question is do I have to wait for the divorce to be settled to get this money or is there something I can do now?

Regards

Glenis
Stockport
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have any children?

How long have you been married?
Customer: replied 3 years ago.

No there are no children, and we only married in October 2011.


On the 5th December 2012 my husband went to Essex to sort out some work that builders had to do to his house and he told me he was staying in the house while it was being sorted. I had no phone calls or text during the 12 days he was there and I also found out that he had stayed at a womans house for that amount of time and was paying for her shopping and taking her out for meals. I locked him out of my house and he went back to Essex for xmas, on the 2nd January he moved into a hotel in Blackpool where within days he met another woman who he is still seeing and is now staying with her. He lost his job on the 8th March but started a new job in Bracknell today.

Expert:  Stuart J replied 3 years ago.

Why does he owe £7,000? Is that in the pre-nup? Who did the prenup?

How long together before married?

 

Customer: replied 3 years ago.


Hi


One of the clauses states 'Any award or settlement received as a result of a lawsuit or other court proceeding after the execution of the agreement' to be shared.


He has received a chq for a PPI claim from MBNA for £16382.69 less the debt of £8117.50 = 8265.19 which should be shared 50/50


Another clause states 'Proceeds from an insurance policy received after the execution of the agreement' is to be shared. There was an insurance claim for damage to the property in essex which was approx £10k the builders bill only came to approx £3800.


Another clause says Earning, salary, wages, bonuses or commissions received or earned after the execution of the agreement shall be shared. My husband earns a lot more than I do as I only work part time and have emphysema.


My husband and I met on holiday at the beginning of March 2011 after we returned home he came to Stockport and stayed with me as he was out of work and couldn't afford to pay his mortgage and had quite a lot of debts. I dealt with each of the debt companies to stop the interest and make a payment plan. The house was rented out which then paid the mortgage. I agreed to marry him if we had a prenuptual agreement put in place, which he agreed to.

Expert:  Stuart J replied 3 years ago.
I am going to opt out of this for another expert. Please don't reply or it comes back to me. It is now open to all.
Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Hi Nicola


 


Yes I am willing to wait.


The basic question is I have a prenuptual agreement in place and as we are now separated do I have to wait until the divorce for the financial settlement or is there a way to get him to start paying up now?


 


Glenis

Expert:  Nicola-mod replied 3 years ago.
Hello Glenis,

We will continue to look for a Professional to assist you.

I have passed this on to one of other family law experts directly and hopefully she will be in contact with you.

Thank you for your patience,
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
I will do my best to assist you but i do still need some further information I am afraid.
How long were you actually living together and were you both separately legally advised at the time that the Pre Nuptial agreement was signed
Claire

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