Maintenance and Financial Settlements
Family disputes can be stressful and result in financial worries
particularly if relationships break down and partners separate.
Detailed below are Frequently Asked Questions (FAQ’s) for this area of
law.
Q. My husband / wife has left me and I don't think I can pay the bills, can you help?
Clarkes can advise you about what you can do in the short term to ensure that bills are paid and the mortgage is met. We can also discuss your long term needs, so that your future interests are protected. We will be able to advise you about any Welfare Benefits which you might be able to claim which can ease your immediate difficulties.
Q. What am I entitled to? Can I stay in the house or claim a share of my husband / wife’s pension or business?
Clarkes can consider your personal situation and advise what will be reasonable in the circumstances. We will discuss with you what might happen to the house and to any mortgage, any endowment policies and any loans. We will also advise you how to claim a share of any pension, business and savings.
Q. Can I claim maintenance for myself and the children?
Maintenance for you will be considered along with all other financial matters. Hopefully Clarkes can negotiate maintenance for the children to avoid involving the Child Support Agency.
We have knowledge and experience of the way in which the Court deals with financial settlements when a marriage breaks down and we will help you through the complicated Court procedure. We can also help with legal advice on a divorce if appropriate particularly if there is a disagreement relating to children.
Q. My husband / wife wants to sell the house and force me out, can they do this?
If the house is in your joint names no-one can force a sale legally without your signature on the contract. We strongly recommend that you don't sign anything before speaking to Clarkes.
If the house is in the sole name of your husband or wife, you must register your rights of occupation at the District Land Registry as soon as possible. Even if you own the house jointly, there may be urgent legal action required ("severance of joint tenancy")
to safeguard your half share of the value. Clarkes can advise you on the relevant action to take.
Q. I want to divorce my wife but she is a Director of my Company. Can I force her to sign documents to remove her?
Clarkes Family Law team can work together with our Commercial Law team and advise on holding a special company meeting to replace a Director or Company Secretary , perhaps overturning a minority shareholding interest.
In these circumstances a Director would probably try to resist your takeover and prevent you having access to the resulting money until all financial claims are met on the divorce. This is a very complex area and Clarkes can advise you on the best way to proceed with these issues.
Q. How much will it cost to make a Will?
Clarkes will provide full details of costs and how these are calculated at the first meeting before any legal work is undertaken. You may be eligible for Legal Aid with your expenses paid from public funds.
Alternatively, we will provide you with our best estimate of how much your matter will cost overall, how long it will take and what to expect at the end of it. We will also discuss payment plans with and outline ways to pay your legal expenses over a number of months by instalments. You will of course be kept fully informed in writing of how much work has been carried out and how much more is likely to be necessary.
For expert legal help and advice on Maintenance and Financial Settlements contact a member of our Family Law team or call Clarkes on 01952 291666.
