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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1389
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My son has left the family home and seeks a divorce. The family

Customer Question

My son has left the family home and seeks a divorce.
The family home is rented and the lease ends on the 31st October.
He has received a court order from his ex=wife stating that he must keep on paying the rent. Is this with in the law.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your question.
I am a Solicitor and will try and assist you.
Please can I ask:
- Have divorce proceedings been issued?
- Is the order a final court order or an interim court order?
- why did your son not attend the court hearing?
Kind Regards
Customer: replied 2 years ago.
Expert:  ukfamilysolicitor replied 2 years ago.
I am struggling to work out what type of court order has been made if divorce proceedings haven't been issued yet.
If the divorce proceedings haven't been finalised - then it wont be a final order.
When divorce proceedings are issued and it is the position that one party can not support themselves until the final case has been determined then the court can order 'maintenance pending suit' - this is an order requiring maintenance to be paid - especially when there are children.
As mentioned above - there has to be a petition for a divorce for the court to consider making an order for maintenance pending suit.
Maintenance pending suit is defined as an order requiring either party to the marriage to make the other such periodical payments for their maintenance and for such term beginning not earlier than the date of the presentation of the petition and ending with the determination of the suit.
Your son would have received notice for such a hearing on this issue. As he has now received an order - the court mush have the correct address for him. I advise that he contacts the court and asks if there was a hearing and why he wasn't provided with any notice - also if divorce proceedings have been issued.
Kind Regards
Positive feedback gratefully received - happy to discuss further.
Expert:  ukfamilysolicitor replied 2 years ago.
Positive feedback is gratefully received - your question will not close and I can answer your follow up questions for free