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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am 33 years old. My mother and father have been legally

Customer Question

I am 33 years old. My mother and father have been legally seperated for 22 years. Upon seperating in the courts, it was agreed that my father had open access to me and my sisters. unfortunately he didnt care to avail of it. It was also agreed that he pay my mother £10 a week maintenence, again which he paid for a couple of weeks then stopped. He started submitting sick notes into the courts, stating back problems and that he couldnt afford it. This was 1991. My parents previously owed a home before they split, but when the house was sold, my father pocketed most of the proceeds of the sale, and left my mother with pitence and 3 children to raise alone. Over the years to now, we have had very limited contact and absolutely no financial assistance with our lives. Now my father wants to re-marry and rare another man's family, but wants my mother to divorce him. She has told him this will not happen unless he pays his daughters what he owes us. Where do we stand as far as seeking damages from him, do we have a case?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I will do my best to assist you but I need to know which country you parents live in?
Customer: replied 4 years ago.

My moher lives in Dublin, Ireland. My father lives in Surrey, United Kingdom. Me and my siblings reside in Dublin also.

Customer: replied 4 years ago.

Any update?


Expert:  Clare replied 4 years ago.
My apologies for the delay and for the fact that under UK law there is simply no claim that you and your sisters can now make at all.
Even more bad news is that if he wishes your father can issue divorce proceedings here in the UK based on the fact that they have lived apart for more than five years.
The only small ray of hope is that if the proceedings are issued here in the UK then your mother could make a financial claim against your father.
How effective that would be is hard to assess - but it would certainly be worth consideration
I hope that this is of some assistance