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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am 60 years old and have been married for 24 years. we

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I am 60 years old and have been married for 24 years. we have been living overseas for 21 years due to my husband's employment. Recently on his third overseas posting he met a young lady and he asked me and our 9 year old adopted daughter to return to London. I gave up my teaching job and cashed in my pension as well as sold my flat to go overseas with him and now I find myself unable to be independent financially. To top it all I fractured my ankle 9 months ago and still have difficulty walking due to the many screws and plates that were inserted during surgery. My husband is still supporting us but has threatened to cut us off. Where do I stand when it's comes to maintenance and child support?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you now permanently in England or Wales?

-What are your income prospects?

-What assets and income is there at all for both of you?

Customer: replied 1 year ago.
I am back permanently in England. Income prospects are nil. We have two homes, both have the same amount of equity. In addition my husband will have a good pension in about 10 years.

-Are you seeking to divorce?

-Whose name are the properties in and where are you and your daughter now residing?

-What is his income?

Customer: replied 1 year ago.
The properties are in both our names, one is in London and the other in USA. My daughter and I are currently living in a rented flat. He earns approx 120,000 afters benefits such as school fees and home travel and private medical and pension deductions.
Customer: replied 1 year ago.
a divorce is on the line
Customer: replied 1 year ago.
What is your opinion?

Thanks for confirming. Despite you having spent all your assets you would still be in a position to seek financial relief from him once you have issued divorce proceedings and this will include claims towards assets, pensions and income to meet any reasonable needs, and any property adjustment orders regarding your properties.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. 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;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. 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;
7. 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;
8. 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.

I hope this assists you. 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 your question without a positive rating. Thank you

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