Separated from my husband and unsure what I am entitled to for the children & the house we own

1st May 2019

I am 7 months into my separation from my husband. We have 2 children aged 11 & 9. when he left The property I had no job & no money. I’ve secured a job & he pays the mortgage of £575 a month but that is all. He does not contribute to anything for the children, school dinner, trips etc. He only sees them 2 times every other week. Ive been in & out of hospital for 3 months & this means I’ve been unable to earn as I’m on 0 hour contact so get paid for what I work. I’m drowning in the household bills & he now is trying to force me to sell our property. What will I be entitled to & how can I get help? I’ve already had to take 2 crisis loans out which I pay back every month but I’m overwhelmed on how to deal with this & can not afford to see anyone for legal advice

CATEGORY: Family

LOCATION: LEICESTERSHIRE

1 answer
  • OTS Solicitors

     

    Hello and thank you for your question.

     

    We are sorry to hear about the difficulties you are going through. Unfortunately, we are unable to provide precise legal advice without knowing all the necessary information and can only give you some preliminary advice based solely on the information you have written in your question. 

     

    In respect of your children, if your husband is not currently paying child maintenance you can contact the Child Maintenance Service who should be able to help you in arranging for him to start paying towards the children.  

     

    In respect of the property, you and your husband could attend mediation to try and reach an agreement as to the property (and any other assets if applicable) as well as the arrangements for the children. This would involve an independent 3rd party who would help you in negotiating and reaching an agreement. Just to note, it is mandatory as an Applicant to attend mediation but if your husband refuses to attend, you will not be barred from making an application to the court.

     

     If mediation is not successful, you may apply to the court for a financial order. However, attendance at mediation is almost always needed before such an application can be made to the court. Also, you would usually need to initiate divorce proceedings before an application for a financial order can be made.

     

    A financial order would deal with what should happen to the property and to any other matrimonial assets that you and your husband have. In deciding what the financial order should be, the court would take into account a wide range of factors with the paramount consideration being given to the children of the family. The factors are listed in s25 of the Matrimonial Causes Act 1973 if you wish to have a look at them.

     

    As we are not Legal Aid solicitors, we are unable to advise on your eligibility for Legal Aid. However, it may be useful for you to make enquiries as to whether you may be entitled to Legal Aid as this could help you with funding.

     

     Should you wish to discuss this further please do not hesitate to contact us on 02039599123 or by email :  OTSsolicitors.co.uk                                      ].

     

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