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ExperiencedLawyer
ExperiencedLawyer, Solicitor
Category: Law
Satisfied Customers: 311
Experience:  I have 14+ years of experience as a family lawyer, advising people on all kinds of relationship and family law issues.
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I WOULD LIKE ADVICE ON A TRIAL 6 MONTHS SEPERATION I HAVE

Customer Question

I WOULD LIKE ADVICE ON A TRIAL 6 MONTHS SEPERATION I HAVE NO MONEY OFF MY OWN AND I SUFFER FROM MS ,I CANNOT AFFORD TO STAY IN MY HOUSE BECAUSE I CANNOT AFFORD THE BILLS ,I ALSO CANNOT TRUST MY HUSBAND AND MY INLAWS I FEEL THEY WILL DO SOMETHING BEHIND MY BACK THEY ARE BUISNESS PEOPLE AND I HAVE NEVER BEEN INVOLED IN THERE BUISNESS I REALY DONT NO WHAT TO DO, MY HUSBAND WANTS ME TO MOVE INTO ANOTHER PROPETY
Submitted: 4 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 4 years ago.
Hello,

My name is Mac. I will be able to help you with your question. First I need a bit more information:

- when did you marry?
- if earlier than the above, when did you start living together?
- are there any children? (If so, how old?)
- what is the value of the house (and any mortgage)?
- what is the total value of the other assets you and he hold (a total value rather than individual values is fine)?
- what is his income (after tax)?
- what is your income (after tax)?
- do either of you have any pensions?

Sorry to ask for so much information, but I want to give you a full answer.
.
Customer: replied 4 years ago.

we were married may 1987 we have two children of adult age rough value £500.000 NO MORTGAGE ABOUT £25.000 IN CARS NO IDEA ABOUT HIS INCOME, MY INCOME ZERO ONLY GET DISABILIYT LIVING ALLOWENCE NOT AS I AM AWARE OF

Expert:  ExperiencedLawyer replied 4 years ago.

Thank you.

Can you give me even a rough idea of what he does for a living,

And perhaps a rough guess of what it might cost the two of you in living costs in a month (before the breakdown of your relationship)?

Customer: replied 4 years ago.

he works as a macanic in his fathers buisness ,i havnt realy got a clue what it costs a month he deals with it all i would say about £1,500 a month

Expert:  ExperiencedLawyer replied 4 years ago.

Thanks.

This answer is really in two parts.

1. In terms of a trial separation, you cannot force him to pay maintenance to you or provide you with any financial support that he is not already providing. I am sorry about that, but it is the case.

2. If you were to pursue a divorce instead, the position would be very different. You have had a long marriage, including raising two children together. Your starting entitlement would be to half of the capital assets (ie half of the net value of the house), and I expect that you may also receive an order for maintenance as well, if you could not maintain yourself by buying a smaller place with part of your capital and using a combination of your remaining capital and allowance.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Expert:  ExperiencedLawyer replied 4 years ago.
Hello,

My screen suggests that you may be awaiting a response from me, but my answer is set out above. Is there some further clarification that I can help you with?

Regards,
Mac.