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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Hi I am in the process of divorcing my husband. I need to

Customer Question

Hi I am in the process of divorcing my husband. I need to sort finances but have very little money for a lawyer and am not sure if a court order will be worth pursuing.
I have one son (3.5years old) he resides with me in rented accommodation our rent is £1175 per month. I work part time hours having previously worked full time. My monthly salary is £942.25 and my benefits are housing benefit tax credits and child benefit total £911.25 My outgoings monthly total £839.20. I get monthly maintenance from my husband of £500 for my son no spousal maintenance. My contribution towards my rent is £514.60.
My husband is a personal trainer and owns a share in a gym business. The property is leased and there are 2 of them running the business. I do not know if they have a signed partnership/limited company agreement as previously it was being run as a sole trader.(before he joined). We separated July 2nd 2013 when he committed adultery which he has admitted.
I asked him to attend financial mediation but he has refused. I asked him to attend mediation for divorce and parent plan which he also refused to do so I drafted this out myself. I have asked him what his income and outgoings are this was his response. He has a £2000 overdraft which is currently -£1500. He earns money cash in hand and I know he does not bank this money. His earning fluctuate on a month to month basis depending on how much work he does ie how many clients he has. He told me in May he earnt £1691 in June £2091 and in July £1692. He says his fixed outgoings are as follows money to me £500 rent £400 phone £45 credit card £75 food £200 petrol car insurance £210 total £1430. This does not include money he spends on our sons toys activities clothes money for personal tax and money for the business.
He resides between his mothers house and his girlfriends. I do not know if the rental figure quoted is to his mum, girlfriend, or the lease of the business. I am assuming there are business maintenance and overheads to pay which he seems to think are irrelevant and I do not know how or from where he is paying these. Would it be worth my while pursuing this through a solicitor and full financial disclosure bearing in mind on paper he earns nothing and has nothing??? or should I settle for £500 maintenance - how hard would it be to prove how much money he does earn ? I know in a good month he can make £3000 cash in hand easily.
Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which part of the UK are you in.?
Is there any urgency to obtaining a financial settlement?
Customer: replied 3 years ago.

I live in Oxford - very expensive. No urgency other than I have my decree nisi as of yesterday and I want everything signed sealed etc. My husband has said quote - I dont know why you want to mediate or an agreement written - I will always be there to support my son and you and do whatever I can financially. my reply was circumstances and people change. I want to protect myself and my son. I need to provide stability for my son as in a home and roof over his head - currently I cannot do that as I work part time - when my son is in school full time I want to go to work full time but as rent is so high I cant do that easily. I would like a lump from him or help towards a deposit or rent so I can return to work fulltime and then not have to depend on him so much. Our marriage was short 2 years so I wont get spousal maintenance

Expert:  Clare replied 3 years ago.
Do you have any idea whether or not he has filed tax returns?
Customer: replied 3 years ago.

yes but they will show he has earnt very little