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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter (46) and her son (aged 21) are having to move out

Resolved Question:

My daughter (46) and her son (aged 21) are having to move out of rented accommodation in 3 weeks. Her husband has walked out and terminated the rental contract. My daughter has no income as she is a mature student on a full time Uni course. She has asked at the local council for Housing benefit but apparently doesn't qualify as she is a student!! Is her husband legally bound to provide financial help to find housing until the divorce is settled?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Who petitioned for the divorce? Your daughter is entitled to make a claim for spousal maintenance if she is unable to meet her reasonable needs herself. She is also entitled to make a claim against any other asset that the husband has. The court will consider the full circumstances of both her, and the husband as well as their son and decide on what a fair settlement should be. The court will look at the following criteria when reaching a decision: 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;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;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;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;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 (e.g. a right to your husband’s pensions). Before proceeding with an application to court for financial relief, your daughter must first attend a mediation information session to see if mediation is suitable to settle the matter. She can find local mediators here: http://www.familymediationcouncil.org.uk/ In relation to housing benefit, please check her for the circumstances where full-time students are eligible for housing benefit: http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/what_is_housing_benefit/housing_benefit_for_students Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
Yes but the help is needed now to find and pay for accommodation......the divorce proceedings have only just begun. So can he be forced to provide right now. he is the one who walked out ?
Expert:  Harris replied 1 year ago.
There is no obligation for him to provide immediate support unless ordered by the court. Therefore you should consider an urgent mediation referral, and failing an immediate agreement you should pursue an application to court under Form A and a £215 court fee.
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