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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1016
Experience:  LLB (Hons)
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My mother has just found out her husband has started divorce

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Hi There, my mother has just found out her husband has started divorce proceedings 5 or 6 years after she kicked him out of their home on grounds of adulatory resulting in a child with another woman. My mother has no savings, lives in a rental property and basically lives hand to mouth. She’s worried this divorce is going to cost her something. Is it? Also, is she entitled to anything from her husband with whom she lived for 20+ years?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: Nothing as of 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 does she live in?
Customer: She lives in Deal, Kent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi, I'm Lea and I have reviewed your query.

 

Has she received the petition as yet?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 7 days ago.
I don’t know to be honest, she’s spoken to my sister but not me yet

The petition that she receives will state whether the husband is asking her to pay part of the costs of the divorce. When she receives it she can check and put in any objection she has to the court when she responds.

 

Whether she is entitled to anything would depend on whether either of them have anything - did they own property together? Was she a stay at home mum raising the kids whilst he built a career? Did either of them have pensions?

 

There are too many questions to ask to be definitive in an online forum like this, but the bottom line is going to be that if she wants a financial settlement, or even just to ensure there is a clean break after the divorce, which is a good idea (just in case she wins the lottery for example!), then she should apply for a financial order, which she can do during the divorce proceedings by filing form A, which she can find here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713394/Form_A_Eng_6.18.pdf

 

Does that help?

Customer: replied 7 days ago.
Yes it does, thank you. They’ve never owned property together and have both worked full time during their time together. If she’s entitled to anything I’d say it is just pension wise. Unless he’s come into any sort or wealth since my mother kicked him out. I know he’s living with his new woman in her house and still working full time but that’s all I know. Not had much to do with him since finding out what he’d done. I do know that he had a drinking and gambling problem whilst with my mother and was often violent.

I would strongly suggest that your mother makes a claim, even if it turns out that he has nothing...if he has a pension, she is likely to be entitled to a share of the element of that which was built up during the marriage. If it turns out he has nothing, not even a pension, then at the very least she can get a clean break order which prevents either of them having a future claim against the other in the future.

 

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