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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 7996
Experience:  Barrister at law
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My husband left me i February. He has just told me he has a

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My husband left me i February. He has just told me he has a new partner. As we are still married, I believe I can claim financial support, fiscal monetary? Can you help me with the details I need?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No papers have been filed yet
JA: 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: The court would be in Carlisle. What I want to know is can I legally claim for the monetary separation.I think I read an article o GOV.uk
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a diagnosed psychiatric state which impedes me in every day life. He says he cannot live with me anymore.

Good evening and thank you for requesting help with your legal issue, I am happy to assist. The moderators alerted me to your request for help. I am a family law barrister and will be able to assist you.

I will not be able to respond in full this evening, as I have already finished work for the day. I hope that you don't mind waiting for a response until the morning, when you will have my full attention.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

Thanks for your understanding, Peter

You don’t have to go to court to arrange financial support. If possible, it's cheaper and easier to come to an agreement between yourselves - this is known as a ‘voluntary arrangement’.

If you’re struggling to work out maintenance payments by yourselves, you might be able to reach an agreement through mediation. Mediation starts with a ‘mediation information and assessment meeting’ (MIAM). At the MIAM you’ll find out what mediation is and how it can help you.

See here to find a mediation service near you: https://www.familymediationcouncil.org.uk/

If you can't agree through mediation, you’ll need to apply to court for a financial order. This asks a judge to decide how much maintenance you should get.

You can apply for a financial remedy order without the help of a solicitor, but some of the forms are quite complicated. You’ll also need to find lots of evidence like bank statements and payslips.

It’s best to talk to a solicitor, just to make sure you’ve got everything you need for the court hearing.

You can search for a solicitor here: https://solicitors.lawsociety.org.uk/

You can apply for a financial order at any time after you’ve you’ve filed a petition to end your marriage or civil partnership - as long as you’ve been to a meditation information and assessment meeting (MIAM) first.

So as you can see, you will have needed to file a divorce petition in order to take this step. You can find more about this here: https://www.gov.uk/divorce/file-for-divorce

Also see here for information about maintenance payments: https://www.gov.uk/money-property-when-relationship-ends/maintenance-payments

I hope that this answers your question?

Thank you for your enquiry. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 9 days ago.
I do have the legal right to ask him for financial support as he is working and I am unemployed?

Yes, through the mechanism above.

plclegal and other Family Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter