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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2314
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband walked out on me the day I told him I was pregnant I did the whole pregnancy

Customer Question

Hi my husband walked out on me the day I told him I was pregnant I did the whole pregnancy and labour without him we have been separated since that day. He filed for divorce a week before I gave birth to our baby girl causing emotional distress and has confessed he has been having an affair. I have asked him for spousal maintenance as I am still his wife and child maintenance. What am I as his wife and our baby entitled to from him legally? He works full time and double what he earned while we were together. I also put money towards our family car and he has taken half of all our belongings. I and baby have been left to apply to the council as homeless. What can I legally demand for him now and from our divorce??
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified solicitor.
In relation to child maintenance you should contact Child Maintenance Options and submit a formal application for child maintenance - you can do this over the phone and they will calculate how much he legally has to pay. They will offer you options for collection and payment of this.
In relation to the other finances and spousal maintenance, I suggest you consult a mediator specifically for this, as it isn't clear if the mediation you attended was for children issues or finance issues. If no agreement can be reached regarding the finances you are entitled to submit an application to court regarding this. The court will consider all the family assets, income and needs of the parties and your child when coming to a decision regarding how the matter should be settled.
You will be entitled to negotiate for your needs, and your child's needs to be met and for there to be an equitable split of the assets.
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Please rate positive if you are happy with the answer.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2314
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Unfortunately not the detailed answer I require nor paid for.. If I Wanted to know that I should go to other mediations or other experts I would have asked a family lawyer the question plus the site said I was going through to a barrister in practice. Not happy.
Expert:  Harris replied 1 year ago.
I'm sorry you do not think this is the correct answer you required.
However, it will be very difficult to advise you what you would be entitled to without assessing both your full financial position and your financial needs as well as you husband's full financial position and needs.
Furthermore, before you can apply to court to settle this matter you would need to have attended mediation within the preceding 4 months before submission of your application, which is why I suggested that option.
Given the potential complexities surrounding financial matters it will be in your best interest for a solicitor to sit down with you to assess the situation, and such a service is outside the remit of this website. However, for your information if the matter were to proceed to court the facts that will be looked when deciding a settlement are:
(a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c)the standard of living enjoyed by the family before the breakdown of the marriage;
(d)the age of each party to the marriage and the duration of the marriage;
(e)any physical or mental disability of either of the parties to the marriage;
(f)the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
(g)the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
(h)in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
I therefore suggest that if you decide to deal with this matter without legal representation that your negotiations are tailored around the above.

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