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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a question regarding maintenance pending suite. My

Resolved Question:

I have a question regarding maintenance pending suite.

My husband left approx three and a half weeks ago. His solicitor pressurised me to complete the divorce petition or otherwise she would do one on his behalf. I have now done this. Although there is no unreasonable behavior on my part , but I did however stand up to his abuse and bullying and he felt this was unreasonable.

His solicitor advised:

Dear Mrs Emerick

I am happy to take Nick’s instructions on whether or not he is prepared to pay any maintenance to you once the divorce petition has been issued and you have provided me with documentary evidence of your financial position, including income, capital, property and pensions. This is no less than the court would require if a maintenance pending suit application is made.

I have nothing further to say than this at present, other than in the absence of you issuing a petition I shall be issuing a petition on behalf of Nick shortly.

Yours sincerely

Is this correct that I have to provide all this evidence so quickly. Mr Emerick is totally aware of my financial position, and I attended mediation but he would not go.

I am suffering trauma from the abuse by Mr Emerick and I feel there is pressure being put on me by his solicitor. I presume I must do as she states and hopefully he will agree to maintenance .

Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income do you each have?
Clare
Customer: replied 2 years ago.

Mr Emerick has a pension of £1500 per month plus an income of £700 pm


 


I have an income of £220 pm.


 


I do have savings which I can use if necessary, would this be the best option?

Expert:  Clare replied 2 years ago.
Hi
How old are you both and what capital assets do you each have?
Clare
Customer: replied 2 years ago.

I am 54 Nick is 52.


 


I have a half share in our home value £210000


I have £40,000 remaining from a property before out marraige


I have £14000 compensation from a car accident, resulting injury is why I haven't worked.


 


Mr Emerick has half share of our home value £210000


He is in the process of buying a house worth £170000


He has a flat worth £100000


 


Mr Emerick had a lump sum pension of £110000 and inheritance from his mother which he has used to buy the house and flat.

Customer: replied 2 years ago.

PS


 


I do understand we have a lot of assets and will probably need help in this aspect.


 


All I really need to know is should I use my savings or apply for maintenance.


 


Thank you

Expert:  Clare replied 2 years ago.
Hi
Are any of the assets in easily accessible accounts?
Clare
Customer: replied 2 years ago.

Hi


 


Yes I can access my savings.

Expert:  Clare replied 2 years ago.
Hi
My concern about this is that he has refused mediation and has now chosen a solicitor who appears to be more than happy to simply be his mouth piece
Frankly I would write and say that since he has already refused mediation you feel it would be sensible to bring the matter before the court immediately and that unless he is willing to offer interim maintenance given the substantial difference in your incomes - of which he is well aware - then you will indeed ask the court for Maintenance Pending Suit
Point out that in fact the court will look at income and expenditure when it comes to that part of the application and send them a list of that immediately
I do believe you need to issue the application - but I accept that at present that may feel like a step too far
Clare
Customer: replied 2 years ago.

Thank you for your reply.


 


I appreciate that you understand I am a bit wary of doing all this. Unfortunately I am asking a lot of questions as I don't want to get anything wrong.


 


Thank you Amanda

Expert:  Clare replied 2 years ago.
Hi
Please do not worry - ask as many questions as you like - I really do NOT like his solicitor?
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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