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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to get another opinion:My husband left the

Resolved Question:

I would like to get another opinion: My husband left the family home last August. He has submitted a petition for divorce which I've accepted, but he has not yet submitted it to the court for a decree nisi. We have given him a deadline after which we will submit our own petition. After initially paying three months towards our family outgoings my husband has now withdrawn all financial support. My solicitor has said the costs of taking him to court to make him contribute are not worth what we would get out of it. However, the discrepency in our salaries is large - he earns 75k whe I earn 45k and I am paying all the house maintenace costs. I've put the mortgage on hold with the permission of the mortgage lenders. My solicitor has also said that I am not entitled to ask for maintenance for my son who is 21. But he is still in full time education and is still living with me. Should i push my solicitor harder to demand some kind of interim support for us both while we negotiate divorce or is it really not worth it?I am concerned that my solicitor is not proactive enough. My husband is an aggressive, controlling person and needs a firm hand. He is already being very awkward about disclosing finances.

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 is the shortfall on your monthly expenditure?
Clare
Customer: replied 3 years ago.

Hi Claire


 


My salary is £2300 pcm, my husband's salary is £4200 pcm and the shortfall in outgoings is about £1200 pcm.


 


I've asked my Building Society to put the mortgage on hold (£1450 pcm) until March 2015 so I'm coping with the shortfall.


 


My husband is not making any contribution to the household insurance etc etc although his personal effects and office contents are still in the house.


 


My main concern is that my husband is going to drag his feet about financial disclosure...he's already sent through incomplete bank statements.

Expert:  Clare replied 3 years ago.
Hi
In terms of income your solicitor is correct.
Since your son is 21 there is no application that YOU can make for maintenance for him
However your son can make an application in his own right provided he shows that he has done everything possible to maximise his part time income.
With regard to spouse maintenance whilst the difference in your incomes is substantial it is not so substantial that spouse maintenance is likely to be ordered.
i am sorry - I know that this is not what you wish to hear - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare


 


Thanks for this. Two follow up questions:


 


What would constitute a 'substantial difference' in incomes?


 


As a University professor, my husband earns consultancy money on top of his income which he has always refused to add to the household pot. I am not sure how much it is per annum. How do I find this out?


 


Jilly

Expert:  Clare replied 3 years ago.
Hi
It would have to be at least twice as much - if not more given the amount you earn.
The issue of how much your ex earns will have to be disclosed as part of the financial side of the divorce proceedings
Clare
Customer: replied 3 years ago.

Hi Clare


 


I'm sure you've been asked this numerous times before:


 


is there any way of finding out about finances or income not declared?


 


J

Expert:  Clare replied 3 years ago.
Hi
Through the disclosure process of divorce it is usually possible to identify where the figures do not add up - but it can be hard work
Clare
Customer: replied 3 years ago.

Hi Clare


 


I can identify where the figures don't add up. Money is leaving his personal account for work expenses - large hotel bills on consultancy trips - which are not being paid back in. He would normally have claimed for these funds and they would have reappeared in his personal account. This suggests the refund going into another account that he has not declared. Is there any way I can found out what other accounts he has in addition to those disclosed?


 


Thanks! j

Expert:  Clare replied 3 years ago.
Hi
You can specifically ask for Statements relating to the account into which his expenses are being paid
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33942
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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