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Fringer

Spousal Maintenance

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Hi all

 

I wonder if there is someone who can help with some info for my brother?

He has been with his partner for 10 years, they have 3 young children together. ages 3, 5 and 7. The relationship has fallen apart unfortunately.

They live in a mortgage-free house belonging to my brother

 

His partner has unfortunately turned nasty and is threatening all sorts, she said she is entitled to 25% of his earnings as spousal support as well as child maintenance.

We do understand he will have to pay maintenance for his children and he has no problem with that but he is worried that she has been having an affair and is reluctant to continue letting her live in his house and she move her new partner in. 

He obviously doesn't want to leave his children with nowhere to live either so is absolutely torn as to what to do for the best. He doesn't want to finance her to take his children and make a new life with her new partner and he is in bits 

 

 

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Thread moved to General legal Issues Forum.

 

Very difficult subject to advise on and this forum is possibly not the best type or equipped to give the correct advice.

However from a legal stance...if she is having an affair then he should instigate proceedings on that basis and retain custody of the children and marital home .

 

Advise him have a free half hour chat with a decent family lawyer and get his affairs looked at and tidied.

 

Andy 


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Posted (edited)

If they are a partner of the opposite sex (and not a 'civil partner'), it isn't a "marital home" : the partner doesn't have the rights guaranteed under the Family Law Act 1996 S.30-33 (but would have if a civil partner, or spouse)..

https://www.irwinmitchell.com/about-us/newsletters/im-on-the-money/im-on-the-money-issue-ten/home-rights-notices-what-is-the-point

https://www.gov.uk/stay-in-home-during-separation-or-divorce

 

It doesn't follow that the children will remain in the existing home, as that is but one factor: for example, do they both work?.

I'd agree that advice from a solicitor who deals with family law is essential, so that all the relevant info (including establishing if the partner has any beneficial interest in the property) can be obtained, and formal advice sought.

Edited by BazzaS

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I'm sorry your brother has this problem, it must be tough.

 

CAB may be able to recommend a lawyer who can do a 30 minute introductory meeting, otherwise you can find a local specialist via the Law Society website.

 

https://solicitors.lawsociety.org.uk/

 

HB


Illegitimi non carborundum

 

 

 

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Thank you all 

He is seeing a solicitor 

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That's good. If you can, please let us know how he gets on and I hope the lawyer can help.

 

HB


Illegitimi non carborundum

 

 

 

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