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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1371
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am thinking of separating as am unhappy. We rent our house

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I am thinking of separating as am unhappy. We rent our house so no equity etc, dont really have any savings, and we work together. If we split I think it very likley I will have to stop working with husband (its a knowledge based business, i do the back end of it, the knowledge end is all his) he could carry on exactly the same, albeit with a bit of help. To a large extent I am the face of the business and have built it up hugely over 10 years. We both count though as self employed. we have a 17 year old son who is an apprentice.
My question is if we separate , would he be liable to pay maintenance to my son till he is 18 (if he is with me) and does he have to pay me maintenance--given that its likley I will need to find a new job (at 53), if that is the case , do we have to be divorced for him to pay maintenance or can it be paid if we are just separated and can i make him pay it? . Having put a lot into it over 10 years I am reluctant to end up with nothing for all my efforts. Enough is generated to pay a reasonable amount and still leave him with quite a lot to live on.
Welcome to Just Answer
I am a Solicitor and will assist you.
Child Maintenance through the Child Maintenance Service is only paid until a child reaches the age of 20 - if they are in full time non advanced education. As your son is an apprentice - you will not be able to use this avenue to claim child maintenance.
If your husbands earning capacity is greater than yours - then you can make an application for spousal maintenance - if you were to get divorced or judicially separated.
If you don't feel ready to divorce in separation - then you could agree a separation agreement with your ex - this could include spousal maintenance for you and child maintenance for your son.
If you did decide to divorce and deal with the matrimonial finances - then you should also seek disclosure in respect of a valuation for the business to make sure you get a fair settlement.
The court can also make Schedule 1 children act orders to ensure that your son is provided for.
Apologies ... Pressed button too early by accident
Your first step is to refer the matter to family mediation.
Family mediation can help you agree matters without the need for court.
If your not ready to divorce- they can help you both agree a seperation agreement.
If you do decide to divorce - then you have to refer the matter to mediation before you can make an application to court in respect of the matrimonial finances.
Please do ask if I can clarify anything for you.
Kind Regards
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