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Category: Law
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I am trying to find out about separation with my partner

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I am trying to find out about separation with my partner
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: no I haven’t don’t anything paper related. He’s currently moving out.
Assistant: 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: I do not know. I live near Tiverton, Devon. So I presume there is one in Exeter?
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No I don’t think so

Hello, my name is Marcus.

I presume you are not married.

Do you have children?

Do you own property, if so do you do so jointly.

Thank you.

Customer: replied 7 months ago.
We are married. We have 3 children. Our home is rented.
Customer: replied 7 months ago.
Many thanks

Thank you for that.

How long have you been married?

How old are the children?

What is the value of the family home and the outstanding mortgage?

Are there any other assets such as pensions?

What are your respective incomes?

Who is the primary carer for the children?

Thank you.


Customer: replied 7 months ago.
We have been married since 28th April 2013.
The children at 3, 5 & 7 years.
The home is rented, we have no mortgages.
My husband has a pension and his own company.
My husband earns £55,000 per annum. I have just secured a part time job for myself that I start in January 2020.
I am the main carer for the children.
Thanks Marcus


Sorry for all the questions!!

Did you live together for long before marriage?

What is the nature of the business? Is it likely to have a value or just income stream?

What would like to achieve and have you discussed matters with your husband.

Thank you


Customer: replied 7 months ago.
That’s ok. I’d rather give you the answers so you have the full picture. We have been living together for about 12 years in total. Possibly more if I sit down and work it out.
My husband part owns a specialist bespoke manufacturing company. It is very likely to hold a value. But that’s not really what I’m After.
I would like to know how I register the separation. Would postal redirection of new residence be good enough? I would like evidence of when we have separated for when we divorce.


Firstky you may well have a claim against the company and your husbands pension.

There is nothing you need to do re: separation.

There is no need or procedure to register separation.

As regards ***** ***** of separation the redirection would be sufficient.

To be honest we do not usually have issues in establishing the date of separation - if you both agree.

If you both agree then no evidence to prove is required for either divorce proceedings or financial matters.

Thank you.


Customer: replied 7 months ago.
Thank you Marcus.
Ok I will definitely consider the pension claims.
What would be the next step for this?


The next step is to consider whether to issue divorce proceedings depending on how you feel about it.

What are your thoughts on this?

Thank you.


Customer: replied 7 months ago.
We have already looked into divorce proceeding. We believe we would put it under the ground for unreasonable behaviour. He’s always away for work and his work is his priority. He has very little interaction with the family and just sleeps and work and goes away for long random periods. I think we should have some time separated before proceeding with the divorce. He agrees.


In that case there really is little for you to do now.

Have you applied for tax credits / universal credit and is he paying child support.

If yes to the above are you able to make ends meet or do you need to top up child support with spousal maintenance?

Thank you.


Customer: replied 7 months ago.
I will claim for the universal credits as soon as I have my job contract so that I can give them accurate information.
He says he will pay £190 per week for maintenance. I’m not entirely sure if it will mean I can pay for this house. But I will soon discover this.
How does a top up work?

If you can demonstrate a need for a top up for you being spousal maintenance then you would ask him in the first instance. If he says no you can apply to the court for Maintenance Pending Suit - being maintenance for you.

What I say to clients is draw a line down a page. On one side set out your income from all sources including child support. On the other side set out all your reasonable outgoings. If there is a shortfall you can claim that by way of spousal maintenance.

If you are forced to apply to court you would need to issue divorce proceedings to be able to do so.

Thank you.


Customer: replied 7 months ago.
This is very useful information Marcus thank you. I feel I am much better informed.

I am always here if you need any further assistance.

Thank you.


Customer: replied 7 months ago.
Thank you Marcus. How do I make sure I can contact you again?

You can either come back via this thread or just ask for me. Customer services will be able to assist you contacting me.

Customer: replied 7 months ago.
Perfect. You have been lovely to speak to. Thank you. I will no doubt contact you again.

You are most welcome.

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