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Leyla Shahin-Mehrube
Leyla Shahin-Mehrube,
Category: Family Law
Satisfied Customers: 177
Experience:  Family Solicitor at WLH Solicitors
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If my ex has never worked, Am I liable for sustaining her

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If my ex has never worked, Am I liable for sustaining her lifestyle with a monthly payment regardless of the property settlement?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No I am just looking to start the process but want to try and come to a proposed settlement with her first
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in London / Kent boarders family home is in Bexleyheath, Kent
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No thats it
Hello lots of things will be taken into consideration and her lifestyle will be one of them. But they will also look into the potential of her starting work again and retraining etc. Perhaps a maintenance agreement for 3 years while she gets back on her feet. However if there is not enough income/assets to go around then spousal maintenance may not be granted especially if she’s getting the bulk of the assets. Splitting of finances is a case by case matter.Here is the list of factors the court will refer to that are contained in Section 25 of the Matrimonial Causes Act 1973:The income, earning capacity, property and other financial resource which each of the parties to the marriage has, or is likely to have in the foreseeable future. This includes 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.
The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future.
The standard of living enjoyed by the family before the breakdown of the marriage.
The age of each party to the marriage and the duration of the marriage.
Any physical or mental disability of either of the parties to the marriage.
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.
The conduct of each of the parties, whatever the nature of the conduct and whether it occurred during the marriage or after the separation of the parties or (as the case may be), dissolution or annulment of the marriage, if that conduct is such that it would in the opinion of the court be inequitable to disregard it.
In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
In cases where there are young children, the Court's first concern will always be the welfare of those young children and how their needs will be met. In reality, the decisive factor in the majority of cases is the reasonable needs of the parties and the children of the family.If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
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