Advice Please -Marriage Break Up

SPL

Hi

Could anyone help to understand what the legal/financial situations are with the following please

My friend's husband left her in April and up until now has been paying the mortgage on the house (she lives there with their son (6) and the house is in joint names). She works part time and could not afford to run the house on her own or buy another property independently

It is now getting to the point where they are trying to sort out finances and we are trying to understand where we can find out what his legal obligations are (if any) in terms of money for maintenance for their son and what he has to pay towards the mortgage, bills, could he force the sale of the house , would she qualify for legal aid, if he gets bonuses at work should these be taken into account etc etc?

We are tyring to get appointment with CAB but not been able to get one as yet so any information would be really helpful so that we can start to understand at least the basics

Thanks so much for any help

RAS

Had this lady checked what benefits she might get as well - www.entitledto.com

maggied_2

This may help you work out if she would get legal aid.

http://www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp

Her husband needs to pay 15% of his net salary towards the child's upkeep. If the husband has the son to stay over this will reduce the payment - see here

https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

f a divorce goes through your friend can claim spousal maintenance dependent on the length of time they were together etc.

I believe he would be unable to force the same of the house until the child left fulltime education but I'm unsure what his obligations would be in terms of paying the mortgage.

He wouldn't be expected to pay for the bills - that's what his child maintenance payments would have to go towards.

Your friend should do as RAS suggests and check out which benefits she would be entitled to.

She'll be elegible for a 25% reduction in council tax and as Parent With Care (PWC) would receive all the child benefit and child tax credits / working tax credits.

Pee

If she phones a local solicitor who does Legal Aid work, they will probably offer a 30 min free initial interview and otherwise will talk her through her eligibility for Legal Aid.

That really is her starting point as it sounds complicated.

SPL

Thanks so much for all your help !!!

Viper_7

I've been in a similar situation. Both parties really need legal advice - even if it's an amicable separation.
The main "issue" here is the children.
Don't know the circumstances, but the mother will usually get custody, as such the children need a roof over their heads, and it's the norm that they will remain the marital house and the father will move out OR the father could buy her out and the money would go to her new property etc. The children then have a right to see the father on a regular basis and have quality time with them- but at the same time not to disrupt their schooling, ie not back and forth all the time.
Also the division of savings/debts.
Also need to draw up maintenance (doesn't have to be via the CSA and it's best if mutually you both come to some arrangement)
also need to draw up documents and get court to stamp them that either party can't claim off the other in the future - such as inheritance, often known as a clean break.

A great deal to consider and sadly with children involved it can become overwhelming and communication can often breakdown resulting in a messy divorce.
The children come first here.

wish them all luck,.

also considerations regarding the house, as wether or not either party can pay the mortgage when it's just in one name - ie the risk to the bank.