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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34896
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am on benefits, my husband works, we have no children , we

Customer Question

I am on benefits, my husband works, we have no children , we separated in october 2013, i wish to divorce, do i qualify for legal aid and am i entitled to spouse maintenance and a percent of his pension?
Stacey hackett
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.
How long have you lived together and how much does your husband earn?
Customer: replied 3 years ago.
Hi, clare,
We married on the 19th october 2012 and separated on the 23rd october 2013, we lived together in total 2 years, he earns £16,000 pa.. He is in receipt of a pension of £150 pm from a previous employer.
I hope this is the information you needed.
Expert:  Clare replied 3 years ago.
What benefits do you receive?
Customer: replied 3 years ago.

Housing benefit, council tax, income support, carers allowance.

Expert:  Clare replied 3 years ago.
Unfortunately Legal Aid is no longer available for divorce although you ARE eligible for Fee Remission and you will not have to pay the court fees.
You have a potential claim for spouse maintenance - however his income is not large and your relationship was short making it unlikely that you will receive any.
Equally you have a claim on half of two years worth of his pension.
It is more likely that you would get a small lump sum - in the region of £1000 in full and final settlement
I hope that this is of assistance
Please ask if you need further details