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MARCUS Malin
MARCUS Malin,
Category: Family Law
Satisfied Customers: 1584
Experience:  Consultant Solicitor at Setfords
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I’m separated from my husband for 8 years. We have a shared

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I’m separated from my husband for 8 years. We have a shared ownership property with no equity in it at the moment...He was paying £500 child maintenance per moth. He agreed to divorce and financial separation if from January he does not have to pay child maintenance...If I don’t agree he is planning to take early retirement and move to Thailand.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet, don’t know what to do
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: London, mill hill
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: my understanding is they if he spent his retirement money in Thailand I will have no means to get child maintenance from him . Would I just be better to keep the house and hope that when I payed of the mortgage there is some money in it .

Hello,

If your husband carried out his threat and went to Thailand then sadly it would be difficult to enforce child support. There are many countries where it can be enforced but not Thailand.

How long were you married? Does he have a pension and what retirement money does it have.

Thank you.

 

Hello, I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus.

Hello, I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus.

Customer: replied 10 days ago.
We were married for 26 years but seperated in the past 8yrs. He is getting an early retirement at the age of 52 with a lump sum of 40-45000 I think from London Underground.
He had a bankruptcy what is unfortunately attached to the house.
I think I’m probably better off getting the divorce and the financial separation before he goes to Thailand, so later he can’t claim on the house???

Hello, I agree that a financial settlement set out in a Consent Order would be useful. That way you can deal with the house on his absence if he is overseas.

You could well have a claim against the lump sum particularly if you are unlikely to secure child support in the future due to him being in Thailand.

You are clearly taking a prgamatic view.

Thank you.

Marcus.

Customer: replied 10 days ago.
Thank you , your advice is very helpful.

You are most welcome.

If you have any further questions please do not hesitate to ask.

MARCUS Malin and other Family Law Specialists are ready to help you