Divorce advice

ajbaker

Hello all,

I realise this is probably not the most appropriate place for such questions, but I hope some will be able to offer advice, even if it is just a more appropriate web site.

My partner (age 25) split with her husband (age 26) 2 years ago and they are about to divorce by mutual constent after living apart for 2 years. Their relationship lasted for 9 years, but sadly split after only 6-10 months after their marriage. There are no children, no house and person property has been divided by agreement a long time ago.

My partner's husband has qualified as an accountant and is currently working as such on a good professional wage. My partner is un-qualified, working full time on a wage just above minimum wage. The reason for this was an unwritten agreement between the two that she would work and support him as he went through University and qualification as an accountant, after which she would either become a house wife or go to University herself.

Now the divorce is proceeding she is beginning to consider her options. Originally they had a verbal agreement she would expect nothing further from him in terms of financial support with the exception of him continuing to pay pet insurance. However she would like to know what she is entitled to, in order to reach an ammicabale agreement with her husband in terms of maintenance.

My partner suffers from depression and is very keen to avoid any lengthy legal disputes, though I appreciate by even considering this her husband has the potential to turn this into one.

So my question is where can we turn for advice, initially for free (ie here, or another chat forum), so we can consider consulting a solicitor. What is my partner officially entitled too, and what is a common settlement in such circumstances?

Is the Citizen's Advice Beauraux a good place to go? Or should we go directly to a solicitor?

I have tried to be concise and objective. If you require further info before commenting please do ask. Private messages or forum replies welcome.

Many thanks.

akh43

There is a website called "ondivorce.co.uk" which I found helpful when going through and after divorce it might be worth having a look they have a forum and people are very helpful. (sorry don't know how to do a link direct).

sarahlouise210

I do not believe there is any legal obligation to pay for maintenance any longer where there are no children. I am assuming you are questioning this because she worked while he was studying and did not get the chance to study herself. I am in no way an expert but IMO I think it is just bad luck on her part As anything they had has already been split between them I dont think there is much else she can do. Others may of course know different ......;)

margaretclare

sarahlouise210 wrote:

I do not believe there is any legal obligation to pay for maintenance any longer where there are no children. I am assuming you are questioning this because she worked while he was studying and did not get the chance to study herself. I am in no way an expert but IMO I think it is just bad luck on her part As anything they had has already been split between them I dont think there is much else she can do. Others may of course know different ......;)

I think sarahlouise is right. I think the whole idea of maintenance for an able-bodied adult woman went out of the window some time ago. Maintenance nowadays is paid only for children and although it may go to the ex-wife, it's meant to be so that children do not suffer a drop in living-standards because of the split.

This might help:

http://www.adviceguide.org.uk/index/family_parent/family/ending_a_relationship.htm

I also found this:

http://news.bbc.co.uk/1/hi/uk/2481251.stm

Aunty Margaret

Bossyboots

There can still be provision for a wife by way of maintenance in some circumstances. The current trend is to avoid this so they have a clean break which is obviously the best thing to do. She could try for an agreement that he will support her through university, but as that is likely to be for three years, I cannot see it happening. It is not really reasonable for her to expect him to support her all that time when they should both be moving on with their lives. Unless he can be persuaded, the only way this is likely to happen is through Court proceedings with no guarantees. She could however get a sympathetic Judge who decides that she should get back something of what she put into the relationship and orders in her favour.

I am not knocking CABs here but I would not consider that the best place to go for advice in this situation. The issues are more involved here than they will be able to handle. She needs to see a solicitor that handles ancillary relief matters. Depending on her income, she might get this free anyway. Otherwise she should find somewhere that offers a fixed price initial interview. Only by setting out all the details and figures involved can she get proper advice about whether she should pursue him for support through university.

The fact they have been separated for two years will be a disadvantage.

Prudent

I also think it would be unlikely that she would be entitled to maintainence as there are no children involved and there is nothing stopping your partner following the usual routes of mature students for funding if she wants to go to university.Payment may be agreed for a short time (in addition to child support) to enable a wife who has given up her own career for the children to get back into the workplace.I live in Scotland and here the period is a maxiimum of three years after divorce. It is not usually granted where there are no children. I do agree that this is unfair but there is probably nothing she can do about that.

ajbaker

Many thanks. This is what my partner has been requesting all along. I guess however I needed to proof for myself this was not just the easy way out. I respect your factual and thoughtful comments. I received similar comments over at ondivorice.co.uk

I wish anyone suffering a similar situation the very best given such a painful position.

headchef

AJ BAKER - hope you come back to this thread to read this!
Having been in this situation myself, i would suggest a half hour with a solicitor. I had seperated from hubby for 2 years before starting divorce proceedings. We had already sold house and split proceeds just as your partner has done. No children.
Because my husband's salary was around £40,000 and I had lost my job (soon after split) and was still doing temp agency work I could have claimed spousal maintenance. The reason being you have a 'duty of care' for each other in a marriage.
The reason I didn't claim was because I weighed up the pros and cons and decided to go live with my new boyfriend and start a new life. I'd been living with my mum up until then. It is seen as fair that if a person lives with a new partner then the spousal maintenance stops.
I urge you to check. The time delay doesn't make a difference because they aren't divorced yet!!

headchef

PS I'll obvioulsy have to do some posting in the divorce website too if there as some misleading posts!! (tongue in cheek).

ajbaker

headchef. Since my partner is now living with me, and given a visit to a solicitor would be opening old wounds, I don't think she will go ahead with that option. However I thank you for your comments.