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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 2303
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I live in Northern Ireland. I have been with my husband for

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I live in Northern Ireland. I have been with my husband for 22 years and married to him for 17 years. We have two children, aged 9 and 10, and we own our house outright. My husband works full-time and earns around £30k. I worked full-time for 26 years, but went part-time 15 hours a week after the kids were born.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No papers filed. Our marital relationship has not been good for some years, and my husband recently told me he wanted a separation, but to remain in the marital home. In response to a direct question, he told me that he was not seeing anyone, but would like to go down that road in the future. I have since discovered that he has been seeing another woman for at least a year and they have been away overnight at least twice.
JA: Have you talked to a lawyer about this yet?
Customer: Not yet. Husband says he will not move out of marital home (he intends moving into his 87 year old mother's home after she dies).
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. I earn c£12k but would have 50% equity in mortgage free home, probably worth £300k+. Would I get legal aid? If not, can I make him pay costs? What about child maintenance and money for my upkeep? Can I make him move out of the marital home?

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Thank you

Thank you for your enquiry. So there are a few legal facts I have that will help explain this matter to you. Firstly, if you do not live together then child maintenance is calculated by taking several factors into consideration, not just earnings but how much time the children spend with him (at the time of the calculation). You will find a maintenance calculator online that can help give you an idea of what you would receive. Given you circumstances I don't think that you would get legal aid but your solicitor will be able to aid with any application. In terms of costs, each party should bare their own costs, so you will have to pay your own as will he. However, what you need to bare in mind is that everything you own such as savings, house, investments and pensions etc. do not belong to you or him but are owned jointly by the marriage and considered what we call matrimonial assets, so even if your ex was to pay for everything then it would still effect your financial outcome as you would have to bare part of that cost also. However, this is all something that your solicitor will be able to help with when looking at a financial settlement or a separation agreement. I would advise having one of these in place. I will provide you with a useful link so you can find a solicitor local to you that can assist with these matters.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

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