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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4853
Experience:  Barrister at law
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Dear plclegal, huge thank you once again for all your help.

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Dear plclegal,huge thank you once again for all your help.
I have a few more questions as we are going on second session of mediation soon.
Is it netter to apply for child maintenance myself through the Child Maintenance Service or is it possible that the final court would award bigger amount of CM?
Should I apply for wife maintenance till my incomes will increase?
I have registered my tenant rights with Land Registry. How it protects me in case he tries to sell the flat (cause he mentioned that he is selling it asap)?
Will I be able to represent myself in the final court or it highly recommended to take a solicitor?Thank you very much in advance.

Thanks for re posting. I will review and come back to you shortly - as I am just dealing with another couple of matters first. Kind regards, Peter

Thanks for your patience.

1. I would apply for child maintenance now - the court will base the decision on the CMS guidelines anyway.

2. Yes, you can make an application for interim maintenance (maintenance pending suit) when you file for divorce.

3. If you have registered your home rights, then the property can't be disposed of without your knowledge and consent.

4. You can represent your self in court but if it goes to a final hearing, you may want to use a solicitor or barrister for that.

I'm pasting some general information about interim spousal maintenance and legal services payment orders (which may assist) here for you:

Interim maintenance is paid during divorce proceedings and is intended to provide financial support to a spouse until a final financial resolution is reached. It can be paid by either party, but is generally paid by the family’s highest earner. If an agreement cannot be reached, you must obtain an order from the court to secure interim spousal maintenance, and it is therefore advisable to seek advice from a UK family law solicitor. Interim maintenance can be applied for if necessary even before Decree Nisi. Maintenance can be ordered any time after divorce proceedings have commenced and if the court decides this needs to be done quickly it will make a temporary order, this can be called an Interim order, maintenance pending suit or interim periodical payments, they all mean the same thing. It is always better to try and reach an agreement with your spouse if you are on good terms to set up a payment until the finances have been approved and sealed by way of a consent order. If things are not amicable and you are needing financial assistance from your spouse (this can be either the man or the woman) it is best to speak to a solicitor to apply to the court for the interim once you have started divorce proceedings.

There is also a Legal Services Payment Order:

An LSPO is an order that one party to a marriage or civil partnership must provide the other with funds in order to pay their legal fees, whether as a lump sum or a monthly amount. In order to make this application, the applicant has to put together a detailed estimate of how much they are likely to need to fund the case and explain why other sources of funding, such as a litigation loan or legal aid, are not available.

LSPO applications are often made at the same time as an application for maintenance pending suit, which is a form of maintenance put in place before the final financial settlement to “keep the ship afloat” in the interim. The applicant puts together a statement explaining their basic needs and what existing sources of finance (work, savings, loans) they have available.

I hope this assists - let me know if I can clarify anything for you?

Customer: replied 15 days ago.
Wow, that is really helpful. Huge thank you for all this information.
So, I am applying for child maintenance asap. And for wife maintenance in case if I will be able to afford it.
Beside I am in an active search of work I am wondering will my incomes size dramatically affect our assets dividing? And won't it end like: she can provide financial maintenance by herself?
Thank you.
Applications for spousal maintenance are based on a needs based argument. So if you have no work now, and have been the stay at home parent, you have a need currently. Things will probably change by the time the divorce finalizes, this is why it’s an interim payments application. I hope that clarifies things?
Customer: replied 13 days ago.
thank you very much. It is.
Another few questions raised suddenly: my husband just tried to come to an agreement with me (wich usually means, he requires me to accept his demands). He said that he wants 50/50 childcare (that in fact he wants 100, but , it's not realistic) that he would pay me an amount I expect (he says 40.000£ is a maximum) but in a parts during 2 years with the solution I am leaving the flat asap. That he will not accept any other solution (no flat selling and deviding the money) and will go to the courts to fight till the end and in this way we will lose everything.
He gave me time to think till tomorrow and require me to present my solutions in written. Wich is already a huge pressure.
He claims that he can use method when we will devorced automatically after we are not living 5 years together. Means he will be waiting and than we won't have to divide any assets at all. As well, he says if I am not accepting his solutions he will require me to pay half of the mortgage and bills monthly. Can he do so or is it another try to frighten me?
As well, interesting detail: if my flat was inharited before marriage and laid to bank after for taking loan, does it affects dividing of it as an assets? As he claims his part of the flat in Russia is solely his because it belongs to him only and no mortgage for it. But what I have in Lithuania is not the mortgage I bought the flat for. Flat was mine and I took the loan after?
Thank you very much. And as I understand by his behaviour I will need a solicitor. (((
Customer: replied 13 days ago.
P.S. As well, he is saying that if I am not able to maintain the child (he means I am on a low incomes now).he might require 100% of the child. I hope this is not realistic.
Customer: replied 13 days ago.
As I understand his decision on child care is mainly based on a wish to decrease assets part and child maintenance I would receive in case I am staying the main child carer.

Any decision about childcare will be baed on what is in the best interests of your child, and nothing else. If it is not in your child's best interests to spend 50% of the time with him, then the court won't order it. Decisions won't be based on your financial position.

I appreciate that he is making an offer on the matrimonial finances. you need to get proper legal advice on this first and he cannot expect an answer over the weekend.

You don't have to agree to waiting 5 years to divorce - but if you do want to agree to this then it's up to you.

I hope this helps.

Customer: replied 13 days ago.
Good morning and thank you very much once again for your prompt answers.
I am not agreeing for 5 years waiting as he specially creates a huge stress in order to make me leave the flat and regularly demonstrates that he doesn't care about what I feel and how will I live after. Does it mean I will have to start divorce from my side if he tries to wait 5 years?
Thank you very much.
P. S. As well, should I place next question separately in case it appears?
Customer: replied 13 days ago.
My apologies for disturbing you during the weekend but something urgent has happened. My husband suddenly went mad and broke the mug on the floor in front of me and pushed me to the corridor from kitchen. I almost felt. I called the police. They opened the case and beside I didn't express the wish to take it to the court immediately, they have a record now. They advised to go to the citizen Advice search for accommodation tomorrow. However, isn't it right if he would do it in this case? And how would it affect the flat deciding in the future?
Thank you very much.

My advice to you is that if your husband is becoming physically threatening and you have had to call out the police, that you consider applying to the family court for a non-molestation order and an occupation order. This would exclude him from the family home and give you and your child the right to remain there for the time being whilst you apply for divorce. If you apply for divorce after being granted a non-molestation order you should also qualify for legal aid funding.

The form to apply is here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688175/fl401-eng.pdf

There is no fee for the application.

There is also an explanatory leaflet here which may assist:

https://www.gov.uk/government/publications/domestic-violence-injunctions-under-the-family-law-act-how-can-it-help-me-fl700

I hope this helps.

Customer: replied 12 days ago.
Thank you very much for finding the time to answer. Studying the information.
Kind regards,
Jelena

Happy to be of assistance, I'm truly sorry for what you are going through.

Let me know if I can clarify anything for you.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

 

plclegal and other Family Law Specialists are ready to help you
Customer: replied 12 days ago.
Dear Peter,
once again I am coming back for your prompt advise. I have contacted the police again today as my husband behaviour yesterday evening showed that he has no regrets or guilt on his actions. As well, I contacted Women's aid and Victim support in my area, they opened the case, however, no legal aid was proposed. I found legal aid application on Gov.uk and applied. Waiting for their answer tonight but not sure 100% they will provide the legal aid neither. So I am asking here as there are few urgent questions to be solved:
am I allowed for legal aid only if I applied for non-molestation and occupational order? (I most likely will have to do so until I have another place to live).
How the domestic abuse case affects our divorce procedure? Will my husband still allowed to claim my assets abroad? Will it affect our assets and childcare dividing here?
Thank you very much.
Kind regards,
Jelena

You don't need legal aid to apply for the non-mol and occ order as there is no fee to apply.

You can put the supporting statement in your own words and police records will support your account.

The reasons for the divorce, and to be completely honest, domestic abuse in general, does not ave a huge impact upon the financial separation part of the divorce. The sis based on making sure each person's needs are met with a fair settlement. The court does not look to conduct to punish one party - though I understand this is perhaps what you had hoped might happen.

Can I clarify anything at this stage for you?

Customer: replied 11 days ago.
Hi Peter,
thank you for your response.
I must explained badly but I meant am I allowed for any legal aid for divorce in case of domestic abuse? I realise I can apply for non-molestation order myself.
As well, I wouldn't expect it as a punishment but is seems a bit unfair if abuser would benefit from the victim.
Another question has raised in connection with occupational order. Can my husband stop paying mortgage if I will exempt him from the flat? I am looking for job but wouldn't be able to pay the bills immediately.
Thank you very much.

He can be asked to continue to pay even if he is excluded from the property and we mentioned maintenance pending suit as a way to have financial support during separation above.

You may qualify for legal aid as a result of the domestic abuse, yes.

You need to contact a local family solicitor that deals with legal aid and explain that you are applying for a non-mol and occupation order, and that you need to file for divorce and maintenance pending suit.

The link here will allow to find someone locally: https://solicitors.lawsociety.org.uk/

Customer: replied 11 days ago.
Thank you very much for your reply once again. I will leave the rate asap.

Thanks and best wishes.

Customer: replied 9 days ago.
Good evening, Peter.
Once again I need to apply for your professional help.
I wanted to double check 1 detail about my assets abroad. Flat is solely mine, was inharited before marriage and never used in family purposes. As well as its laid to the bank for consumer loan (what is obviously less, than flat value). I assume it won't be taken as matrimonial asset?
As my husband claims his part of the flat inharited in Russia after his mother's death during the marriage cannot be counted as matrimonial asset as it's in his only name. Nonsense?

 

The general rule is that assets acquired prior tot he marriage are not considered as joint assets. Those acquired during the marriage, however they come about, are.

General rules can always be departed from if needs and circumstances dictate that it is fair to do so, but this is always the starting point.