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Harris, Law Specialist
Category: Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my husband, we are British expats

Resolved Question:

I am separating from my husband, we are British expats currently living in Japan. I am returning to the UK on 20th June 2016 with our two children. My husband works as an Associate director for an international legal and forensic consultancy. He receives a basic salary of 85 US dollars per hour working a minimum 50 hours per week and works on average 50 weeks per year. All his living expenses (rent, bills, travel) are paid in full by Systech International and SBC (Japanese associate company of Systech). Only part of his salary is paid into Japanese bank account 6,111,696 YEN (USD 57,398) for which he pays Japanese tax and social security payments. The rest approximately 155,000 US dollars he receives in an offshore account based in the Philippines. I would like ensure my husband pays maximum child maintenance and spousal maintenance to me and the kids. Our oldest child is autistic and he needs lots of therapies and additional support at home and school. Our children are 8 years old and 3 years old. eventually I would like to divorce my husband but I want to secure a legally binding alimony payment now. I am returning to the UK with no job. I am renting a small 3 bedroom property near my immediate family. The property is costing 650 GBP not including any bills per month. I feel my husband should pay for these and support his family.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-How old are the children?
-What assets, savings and pensions do you both have (both sole and joint), together with values?
-What are your employment prospects?

-How long did you live in Japan?

Customer: replied 11 months ago.
I am 42 my husband is 47.
Married 15 years (22/09/2000)
Son is 8 daughter is 3.
No assets. My husband has several pensions in the UK valued at over 100k GBP if reinvested now or more if wait to maturation.
I am sure I can find employment as I am a planning and project management specialist. But this will difficult to do fulltime with 2 children and part time roles in the construction industry are rare.
We have lived outside the UK for over 3 years, Moved to Bermuda in 2013, then Philippines in 2014 and Japan 2016.
The constant moving with young children has made it difficult to find work. In the last 3 years I have only work for 8 months which has again not helped my CV or my current employment prospects back in the UK.
Expert:  Harris replied 11 months ago.

Thank you.

-Are you seeking to pursue a divorce?

-Have you raised with your husband the issue of maintaining yourself and the children in the UK and what are his views on providing maintenance?

-How are you initially going to meet your outgoings when you return to the UK?

Customer: replied 11 months ago.
HiI do have around 5k GBp that I will use initially to support myself until I can find work. MY husband has agreed to pay 2k GBP per month to support us but I dont trust him. He has previously been unsupportive when he has been working overseas so I do not trust him to keep to this promise without legal papers agreeing the terms. I will divorce him once I am financially stable again (have employment etc.).
Expert:  Harris replied 11 months ago.

Thank you. I would initially suggest you take him up on his offer and when you are in a position to, you should apply for the relevant benefits (child benefit, tax credits etc) so that you have guaranteed income. I believe that after 3 months of returning to the UK you can apply for the above benefits. Furthermore, you will not be able to pursue a divorce until you have been in the UK for at least 6 months and alongside the divorce petition you can apply for financial relief which will include spousal maintenance, child maintenance and other orders such as in relation to his pensions.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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