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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26470
Experience:  Senior Partner at Berkson Wallace
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I have recently left my husband and I am concerned he may

Customer Question

Hi, I have recently left my husband and I am concerned he may try to get me to carry on supporting him as he has been out of work for over a year and a half and has been living off me (because he is lazy and manipulative not because he can not work). i am in quite a lot of debt now and I just needed know my rights. thanks Sam
JA: Where are you? It matters because laws vary by location.
Customer: I live in Surrey
JA: What steps have you taken so far?
Customer: He has moved out but thats all so far
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have been in contact with a domestic abuse helpline due to him, he is not violent just manipulative
Submitted: 17 days ago.
Category: Law
Expert:  Stuart J replied 17 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Expert:  Stuart J replied 17 days ago.

For background - how long have you been together and married in total?

is there a mortgaged or rental property?

any children under 18?

Customer: replied 17 days ago.
We have been together almost 11 years, married for 6. we rent and no children
Customer: replied 17 days ago.
I have more debt then savings due to having to support him for the past year and half but there is no reason he can not get a job he just calls in sick and keeps getting fired
Expert:  Stuart J replied 16 days ago.

There is a possibility of a liability for spousal maintenance, maintenance paid to keep a spouse , as opposed to children. Although most commonly paid from husband to wife, that is not necessarily the case. Spousal maintenance is based on both incomes, ability to earn money, previous lifestyles and most importantly, need. It is not about equalising incomes. There is no exact formula, but these links will give some reading..

https://www.blbsolicitors.co.uk/blog/spousal-maintenance-how-much-and-for-how-long/

and

http://www.familylawweek.co.uk/site.aspx?i=ed33597

and

https://family.findlaw.com/divorce/questionnaire-are-you-entitled-to-alimony-spousal-support.html

And here is an interesting and informative article with regard to the division of finances in general

https://www.lawteacher.net/cases/financial-matters-on-divorce.php

And finally, here is an article what happens to inheritance in the event of a

divorce:

http://www.marilynstowe.co.uk/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/

Expert:  Stuart J replied 16 days ago.

However his ability to work and his general laziness will be taken into account but you would need to raise that if he makes an application for spousal maintenance.

The courts will not normally get involved in maintenance unless divorce or legal separation proceedings have started so for now, you might want to hang fire on the divorce or see whether he does it.

For completeness however here are some details on how to get divorced:

From 6 April 2022, in the UK we now have “no fault” divorce where there is no need to apportion blame.

Provided that at least one of the people wishing to get divorced lives in England, then getting divorced in England (& Wales) is infinitely a do-it-yourself job. (I am not familiar with the system in Scotland)

Save yourself a whole load of money: the government website have a do-it-yourself guide

https://www.gov.uk/divorce

Although you can agree finances between you, it doesn’t draw a line under it unless you have a financial order

https://www.gov.uk/money-property-when-relationship-ends

The courts will not normally get involved in marital finances unless you have started divorce or legal separation proceedings so for now, you might want to hold off on that and see if he does anything.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

PS: It doesn’t matter who divorces who or why, the financial issues are exactly the same. The court has not apportioned blame with regard to the division of marital finances for many years.

The only grounds for getting divorced used to be (all now changed of course)

1 Living apart from 2 years if they both agree.

2 living apart the 5 years regardless of consent.

3 Desertion

4 Adultery.

5 Unreasonable behaviour.

Please note that a legal separation is not the first step or precursor to a divorce. It is virtually the same process but it doesn't dissolve the marriage. However it draws a line under the relationship formally. The difference between a legal separation and divorce is basically that you cannot get remarried again. The reason you would have a legal separation, rather than a divorce is you can get divorced, for religious reasons for example.

From 6 April, the divorce petition form D8 has changed and here it is:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1064336/D8_0422_save.pdf

It is the same form to dissolve a civil partnership.

You need to bear in mind that this process is brand-new for the time being and were not certain how it’s going to work.

The majority of the form is just filling in personal details and as they are the details that you would have to give to a solicitor, to be frank, you may as well complete the form yourself and save a whole load of money.

There is nothing difficult in the form and although it’s 20 pages, it is not crammed with questions. You can complete it in about 15 minutes.

At present to the court fee is GBP595.

The full list of court fees are here:

https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50

there is very little legal aid available now except in very few categories but if you are on benefits or low-income, you may get help with or not have to pay the fees. Details are here:

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

And the fee remission is referred to on page 19 of the form.

Be careful with the addresses. If you are not having fee remission goes to the Bury St Edmunds address along with the cheque, on the back page of the form.

If you are applying for fee remission goes to the Harlow address.

At least, that’s how I interpret page 20. It remains to be seen because that page is extremely vague

An application for a financial order goes to your local court.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 16 days ago.
thank you i will have a read through all of this
Expert:  Stuart J replied 16 days ago.

No problem. In your own time.

Expert:  Stuart J replied 16 days ago.

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

Can I help you any further with this?

I'm happy to clarify anything which is outstanding. Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 16 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart