RELATIONSHIPS Divorce

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WHY? •
ABUSE, DIVORCE AND FINANCIAL ENTITLEMENT • HOW TO DIVORCE • FINANCIAL PROVISION WITH CHILDREN? • FINANCIAL PROVISION WITH NO DEPENDANTS? • FINANCIAL PROVISION FOR COHABITEE • FINANCIAL ENTITLEMENT ON SEPARATION • FINANCIAL SUPPORT ON SEPARATION • LEGAL ENTITLEMENT ON DIVORCE • PROPERTY • SEPARATION •

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WHY? BACK TO TOP
 
ABUSE, DIVORCE AND FINANCIAL ENTITLEMENT BACK TO TOP
 
HOW TO OBTAIN DIVORCE BACK TO TOP
  • QUESTION 3 I am writing on behalf of my currant situation, I married in July 12/2000 , I had a very bad marriage which caused me a nervous breakdown few months into the marriage, my husband took off in march with my money and returned 2 months later, I tried to make marriage work but in august 7th/2002 he drugged my tea and whilst I was sleeping he took off and took my money and part of my belongings, he left no letter and no address, since then I have been trying to find him, my solicitor has sent numerous letters to his x wife where he has a 13 yr old daughter and visits regularly, but he does not respond, I have been trying for 5 months to get a divorce in meantime my health is suffering I had a bad Christmas and the doctor has given me more medication plus I see a nurse councillor, this man has a big part in my failure in life and I am really and desperately depressed, sometimes I feel like I cannot go on, it is not fair that I cannot divorce this man when he walked out and left no forwarding address he has had 5 months to see a divorce solicitor and he has not, I am begging and pleading with you that you can help me, my name is L E and my husbands name is, his ni number is, he has a x wife at the following address ...., I know he visits his daughter at that address but they will not answer my telephone calls or solicitors letters , I am worried about my health and I have 4 children to look after and I am going down hill fast, I appeal to you as my last hope to help me divorce this evil man, please try and help, I would appreciate any kind of help you can offer. Yours sincerely ,
    Name Mrs L E Date 5th January 2003
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    ANSWER
    Do you have one?
 
IS A MARRIED WOMAN WITH CHILDREN ENTITLED TO ANY FINANCIAL PROVISION BACK TO TOP
  • QUESTION 4 Is a married woman with children entitled to any financial provision if she splits up from her husband?

    ANSWER In this situation not only is the wife entitled to financial support, she can also claim on behalf of the children.
    The general principles are the same as the question above, but if children are involved in the settlement, the courts are unlikely to apply the clean break rule.
    If the children are not the biological children of the partner she is divorcing, he will not be liable under the Child Support Act. However, it may still be possible to claim in this case, if the children have been treated as children of the family. It is then possible to apply for support under the Matrimonial Causes Act 1973.
    If the children are his own, then he will be liable for supporting them under the Child Support Act. The Child Support Agency has a statutory formula for calculating child support, using the net income of the absent parent and the needs of the particular child.

    Name University Law Graduate, Suffolk Date 20th December, 2000

 
IS A MARRIED WOMAN WITH NO DEPENDANTS ENTITLED TO ANY FINANCIAL PROVISION? BACK TO TOP
  • QUESTION 5 Is a married woman without children entitled to any financial provision if she splits up from her husband?

    ANSWER Any married woman is entitled to claim for financial assistance on the breakup of her marriage, under sections 23 & 24 of the Matrimonial Causes Act 1973, recently amended by the Family Law Act 1996. Obviously all claims are judged on individual circumstances, but no woman need feel trapped by financial constraints in an unsatisfactory relationship.
    If a woman is dependent upon her husband (with no independent means of support) she can apply to the court for interim payments in the form of maintenance payments or a lump sum. Because many divorce orders are lengthy processes, this provision enables a woman to support herself, even if necessary re-house herself, while the court process takes place.
    The final decisions on financial and property orders will not take place until the divorce order is granted. When making orders relating to the money and house of a family, the court will consider many aspects. These range from the financial resources and obligations of both parties, to the standard of living enjoyed by the couple while married, the current ages of the parties, and the duration of the marriage. All financial orders are judged on the particular circumstances and needs of the parties for each case, as no two situations are the same. Courts have a duty to consider the 'clean break' principle whereby a lump sum order is made and the parties need then have no further dealings with each other. However, in certain situations this will not be appropriate, for example, where the parties' circumstances are likely to change. In such cases, the order would need to be reassessed. Where periodical payments of maintenance are ordered, these end on the death of the payer, or on the remarriage or death of the payee.
    Property orders are also made on the basis of individual circumstances. They can include the transfer of the entire property but the court also has the power to order that a property is sold so that the asset can be split between the parties in whatever percentage they see fit. Women should not rely on receiving 50% of the value of a property: this often proves not to be the case.
    Where the parties separate but are either not prepared to, or unable to, divorce, a woman is still entitled to reasonable maintenance from her ex-partner. If this is not provided, she will need to apply for financial provision from the courts under the Domestic Proceedings & Magistrates Courts Act 1978, or section 27 of the Matrimonial Courts Act 1973.
    If property is involved and the parties are not divorcing, the court then has no power under the Matrimonial Causes Act to allocate the property as described above. Instead, normal law of property would apply. This means that if the property is owned wholly by one partner, the other partner needs to prove a direct financial contribution to its purchase or upkeep, if she wishes to claim a share in it. This is known as a resulting, implied or constructive trust.

    Name University Law Graduate, Suffolk Date 20th December, 2000


 
FINANCIAL PROVISION FOR COHABITEE BACK TO TOP
  • QUESTION 6 Is a Cohabitee woman without children entitled to any financial provision if she splits up from her partner?

    ANSWER A Cohabitee can only claim for financial provision for a child, not for herself.
    They may be able to claim an interest in property owned solely by their partners if they can prove a direct financial contribution under property laws.

    Name University Law Graduate, Suffolk Date 20th December, 2000

  • QUESTION 7 I am separating from my partner after 4 years of living together. He bought the flat on his own name 1 year before I moved in. I have been giving regular payments each month since I moved in to help with cost of living (Mortgage and bills). I haven't got my name on the mortgage but I can prove a relationship and the payments made. Am I entitle to any of the equity made on the flat? If yes, what is the procedure?

    Name Anna Date 3rd December 2002
    ANSWER As can be seen from the answer above it is possible to claim an interest in the property. It will be worth contacting a solicitor who offers free initial consultations to determine if you have a case.

 
FINANCIAL SUPPORT ON SEPARATION BACK TO TOP
  • QUESTION 8 If I decide to separate from my husband I understand that our joint accounts will be frozen. My husband would have his income which he would be able use but I do not have a significant income and would be unable to support myself initially. Once the separation and eventually divorce was finalised what would I be entitled to?
    We have a joint mortgage on the family home
    We have joint bank and savings accounts
    My husband has his own business secured by the family home.
    What monies would I be able to obtain immediately on separation.

    Name Alex, Essex Date 4th September 2000

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FINANCIAL ENTITLEMENT ON SEPARATION BACK TO TOP
  • QUESTION 13 My sister lives in USA with her husband and 2 young boys. He is employed by an american company they are both British citizens. His job was for 3 years which keeps being extended. They rent out their British property. Now their marriage is breaking down due to her husband having another relationship, continually lying and only showing any interest in the family if anyone is visiting. My sister wishes to return to the UK, what will she be entitled to being as he is employed in the USA and should she contact a solicitor in England or USA?

    Name Sandra Date 10th February, 2005

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LEGAL ENTITLEMENT ON DIVORCE BACK TO TOP
  • QUESTION 9 My husband has used our home as security for his management buyout of his company. We have a joint mortgage on the house and joint bank and savings accounts. He had all the paperwork drawn up by a solicitor who is now a friend. If I leave him what am I financially entitled to? He is Managing Director of the company. I do not know the details of the business and the tie with the house and the bank accounts. He usually brings papers home for me to sign and says sign here, don't worry about reading it, you won't understand it.
    How do I find out what I am entitled to as a financial settlement if I decide to leave my husband? I am not happy at home and have not been for about 10 years now but have a very comfortable lifestyle. It would depend on the settlement to determine whether I leave or not.

    Name Jane, Swindon Date 27th July 2000

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PROPERTY BACK TO TOP
  • QUESTION 10 My husband and I have been married for seven months. During this time he has not worked and has made no financial contributions to the home. I have owned my property for 10 years and have significant equity and savings. My husband moved in six months before we were married. We have no dependants. He is 26 and I am 33. What is he entitled to financially?

    Name hb Date 13th May 2002

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    ANSWER Where the parties separate but are either not prepared to, or unable to, divorce, the partner may be entitled to reasonable maintenance from the ex-partner. If this is not provided, he will need to apply for financial provision from the courts under the Domestic Proceedings & Magistrates Courts Act 1978, or section 27 of the Matrimonial Courts Act 1973. If property is involved and the parties are not divorcing, the court then has no power under the Matrimonial Causes Act to allocate the property as described above. Instead, normal law of property would apply. This means that if the property is owned wholly by one partner, the other partner needs to prove a direct financial contribution to its purchase or upkeep, if he wishes to claim a share in it. This is known as a resulting, implied or constructive trust.

 
SEPARATION BACK TO TOP
  • QUESTION 11 i have been in a relationship for 7 years and things are beginning to go downhill two years ago my partner and i relocated through his work to a different area away from friends and family my partner works long hours and i have spent a lot of time alone and lonely because of his shift patterns we haven't spent much time together we have recently now changed our working routine and now get two days off together which i hoped the time spent would enable us to get out more and relax a bit we go out about once a month, i think the real problems started 3 months back when we bought a computer my partner loves computers and i was happy for him to have a new interest as he works hard and deserves a separate interest the problem is he spends most of his time on our days off in the chat rooms or doing something on the net i can't seem to make him see that i need to get out more i feel like his attention is focused all the time on the computer i have talked to him about this and he will stop for a limited time but then he's itching to get back on line if we are short of money and have to stop indoors i will try to plan something like a barbecue or a meal but of course its back to the computer within a couple of hours after we have done whatever i cant take much more and now we are arguing more than ever he says im nagging and he doesn't see what the problem is he also says if it carries on we need to split up i have even made a list of suggested things to do on our days off to no avail because i have recently changed my job i haven't made many friends yet i also miss my family and i am tempted to leave and go back home i dont mind him going on the computer but not at the expense of our valuable free time please help.

    Name M Date 27th July 2002

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    ANSWER You have already started thinking about leaving. You say that you argue more than ever and he has said if it carries on you will need to split up. It would appear that you have both drifted apart and the longer it carries on the further apart you will become.
    What do you really want to do?
    You need to look at:-
    what you have in terms of your relationship and is this what you still want.
    your work, any promotion prospects, and are you happy there.
    any places in the area where you can meet and make friends with other women.
    at what you feel you are missing and whether you can find the same in your new area.
    Looking at these areas will help you make up your mind as to how to move on.

  • QUESTION 12 I have been mentaly and physically abused by my husband,i have two chrildren, i have recently told him i want to seperate but he is not happy with this he told me if i want a settlement on the house which the deeds are in his mother and fathers name i have to follow his list of demands one being having sex when he wants it,please can you help
    Name Janies Date 18th November 2002
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