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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34026
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been married to a British soldier for eight years. I

Customer Question

I have been married to a British soldier for eight years. I have 1 child who is 3yrs. We separated last month. However we've been living in the same house with him because he refused to leave though army law says I have to live in married quater for 90days. We are based in Cyprus. But due to fly to England in October. My question is, am I entitled for alimony? I was blessed in a church in England and had a traditional wedding back in home country Malawi.
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
I have Malawian marriage certificate.
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When do you come to the Uk?

Where will you live when you do?

Is he refuses to move out of the Quarter?

Customer: replied 9 months ago.
Thank you for replying back to me.
I came to UK on the 10th September 2004. I was a student till 2008 and got married then, He was a Lance corporal and now he is a Sergent . I lived in Birmingham for 4 years, then he was posted to Germany for three years, then Northern Ireland 3years and we were posted to Woolwich for 6month's and the unit moved here in Cyprus. We've been here for 1 and half years.I went to see the unit welfare officer on the 9th of August to tell him that I have tried to live with my husband all this time but he's never helped me with anything. So im fade up I need to seperate. After two day's, the welfare officer told me that my husband has refused to leave the married quater so instead I have to move out. They said they have a welfare flat where me and my son could go and leave. I told them, I don't want my son to be tortured in this way. I have to pack my thibgs and his things,and this house is just abasic house. My son wont be able to watch his favourite shows because there's no Internet and we have a pool which I can't carry across to this house. However he still refused. We stay in the same house and he lives the way he wants to. He never changed on the system to seperation and he's been receiving full benefits of over sea's allowance as a married soldier. I believe he's just changed it now. Because when I went to see the welfare on the 7th September, I was told they cant process my removals back to England because he's not separated yet on the system. He is supposed to pay for up keep when we go back to England, we will go to costmold till I get government help. He is refusing to pay the money too.My reasons for seperating are,1 he gets over seas allowance and all he gives me is €370 a month. When I ask he says dont ask me for money its my money.2 He doesn't help me with the Child. I do everything by myself.3 He emotionally abuse me. He goes around saying am evil.4 we argue alot when it comes to parenting. All he does is give our son ipad which most of the time I go against. My son can be on ipad for 2hrs and i just don't think its right.
Customer: replied 9 months ago.
Am flying out of Cyprus on the 25th of October, we will go to Brizenorton then we go to costmld on the 26th. Its an army shelter for British spouse's till they get help from government.
Expert:  Clare replied 9 months ago.


Once you are back in the UK what employment options will you have?

Customer: replied 9 months ago.
As of now am not sure because the costmold is temporary till I get a council house. So till I get settled thats when I can consider to look for work
Expert:  Clare replied 9 months ago.

But what kind of working are you qualified for - what could you earn?

Would you need to retrain?

Customer: replied 9 months ago.
I would love to work as an admin in any affice
Customer: replied 9 months ago.
Im not sure of how much I could earn. With my 3yr old I need to be sure if I can work full time as I have to consider childcare and if I can afford working full time.
Expert:  Clare replied 9 months ago.

Once you are separated and in the UK then your ex will have to pay child maintenance.

Once the divorce is underway you will be able to apply for the financial issues to be dealt with and that can indeed include spouse maintenance and

in that case it is a matter of how much and for how long.

At the very least I would expect you to have spouse maintenance for long enough to re-train so that you can work

I hope that this is of assistance please ask if you need further details

Customer: replied 9 months ago.
Thank you. So once I get to UK, though seperated, I can apply for spouse maintenance or when we agree to divorce?
Expert:  Clare replied 9 months ago.

You can apply for Spouse maintenance within the financial side of divorce proceedings yes

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