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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1439
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am currently separated from my husband and have been from

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Hi, I am currently separated from my husband and have been from 2012. He gives me £1500 a month child support. Am I entitled to any spousal maintenance. We were married in 1995.
Assistant: Where are you located? It matters because laws vary by location.
Customer: I am located in the UK
Assistant: Has anything been filed or reported?
Customer: It was then, but he refused to sign divorce papers at the time and due to me not being a financial position to push the divorce I have just left it
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: The children are in private education that might make a difference
Customer: replied 4 months ago.
I have three children. I have to pay for my rent and living expenses.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- is divorce contemplated now?

- what are the assets for both of you including pensions?

- how old are your children?

- what are the incomes for both of you?

- are you meeting your outgoings or falling short?

kind regards

Caroline

Customer: replied 4 months ago.
Hi CarolineWe currently have no assets.
We moved to the UK in 2006 and have always rented. The divorce is still not final and not progressed at all.
My children are 19, 16 , 14. The oldest is in university. My income varies depending on my business, I own a coffee shop, it’s between £12000 - £15000 a year.
My husband is a contractor at the moment and I do not know what he earns, I presume it’s between £150 000.00 and £200 000.00 a year.
I am definitely falling short even after the £1500 a month that he gives me

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you.

Please may I also ask:

- when was your petition put in to the court?

- was it stalled as he didnt respond?

- have you attempted mediation recently?

kind regards

Caroline

Customer: replied 4 months ago.
Hi it was put into the courts in 2012 but totally stalled as he wouldn’t sign.
Nothing has been followed up since then.
We agreed he would pay me “child maintenance “ but that is as far as we got.
We haven’t been through any mediation recently.

Hello

Thank you for your response.

Please do accept my apologies for my delay in responding to you.

I am sorry to hear that matters have not progressed. You should look to get your ex served with a copy of the divorce petition so that you can apply for decree nis and progress the divorce if that is what you want to do.

Google - process server in your area. This should cost you less than a £100. You can ask the court for the divorce documents and acknowledgement of service form to serve on him.

In relation to your initial question about spousal maintenance - given what you have said about the huge disparity in your incomes and there not being any assets then it is highly likely that a court would grant you spousal maintenance.

You have already issued your divorce petition so you can now make a claim in repsect of the matrimonial finances, which in your case is primarily the claim for spousal maintenance.

You need to refer to mediation first. Google family mediation in your area and give them a call to self refer.

If your ex wont engage in mediation or agreement cannot be reached in relation to spousal maintenance then the mediator will sign the form that you need to apply to court. This is the Form A.

You can also ask the court to consider interim maintenance if you are struggling.

The court decides the issue of the matrimonial finances on the basis of need and as you are the main carer for the children and given that his income is so much more that yours and that you are falling short each month then you do have a good claim for ongoing maintenance.

Let me know if I can assist you further

kind regards

Caroline

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