What might I get if I divorce, as I'm not entitled to benefits

[adri349]

Hi, I'd really appreciate if any of you could offer your opinions or experience on what you think I might get or and could ask for, if I go for divorce at some point. I've put my brief background and questions below. Thanks.

Background
-I'm in my early thirties
-I came to marry in UK 7 years ago (from Brazil), husband already had a 2 bed flat before marriage, no kids.
-I worked part time for about 2 years, just call centre, minimum wage
-I had a daughter with him, she's now aged 14 months
-He is self employed, works around the country, probably earns maybe 30 to 50 a year, depending on work availability, it can vary.
-The flat is worth maybe £130k, with about £70k still on the mortgage
-We both have about £10k each in savings
-I don't want to be married anymore, for my own reasons.
-If I divorce, I can stay in the UK on a Parent Visa because my daughter was born in the UK. I would want complete custody.
-However, the Parent Visa does not allow me benefits. The visa says 'no recourse to public funds'. And I would need to remain on that visa, after divorce, for 5 years before I can settle and get benefits.

Questions

1. From what I understand, the government will give me and daughter the flat to live in, and he can find somewhere else. I've added up all the bills, mortgage, car, home maintenance, food, basic leisure etc and I'll need about £1800 a month to cover everything, and thats not including nice holidays. So given that I cannot get benefits for 5 years and I'm a stay at home mum, he must surely be asked to pay the £1800 in combined spousal support and child maintenance right? As that's how much we need.

1. Might the government say he has to sell the flat? In which case how much of the money might I be entitled to, and would he still pay child and spousal maintenance if I used some of that flat sale to pay the bills myself?

1. After 5 years, when I could get benefits, would those be reduced if he pays me spousal maintenance? Or I'm entitled to get both?

1. I'd want full custody of my little one. He can start his own family if he wants, not my problem. So what's the minimum they could award custody or visiting for him? Like a few hours on the weekend, or a whole day?

1. His pension at retirement and any inheritance he might get in future, I read I may be awarded some of that - but would that work the otherway around as well?

1. Can I make him leave the flat? Like just lock the doors on him and say sorry, you're welcome back to visit only if you must. I understand then he has no option but to apply for rights to visit.

1. I hope I would be able to continue to live in the flat after divorce. Surely he would be made to keep making payments on the mortgage if he doesn't live here?

Sorry about all the questions, just comment on any that you feel you wish. I hope the answers will be useful for others.

Another thread with someone seeking large amounts of money from reasonably short relationships.

You won't get what you're seeking and your be best placed to get appropriate legal advice rather than asking people with no verifiable legal qualifications.

I would get an appointment with a lawyer asap as there are a lot of factors that need to be taken into account but, just from the little I know, you'll get nowhere near £1800.

Does your visa allow you to work OP?

Not being able to get any state support does complicate things, and you need to get legal advice ASAP

Your expectations are way, way out of line though

There is a very high chance as the flat was owned pre marriage you're not entitled to this. Often pre marital assets remain the property. The rule usually is anything that comes into the marriage after the marriage is split. Not what individuals had earlier.

As for spousal, no as it's a short marriage it's doubtful you'd be entitled to this either. Your daughter would be entitled to child maintenance, but as his salary is not high, it won't be much. There is an online calculator.

In addition unless there is a very solid reason Ie abuse of the child it's doubtful you would get full custody if he wants differently. He is entitled to a parental relationship.

Why would you not wish shared custody though? You could work on the days he has her. And as said, unless there is an abusive relationship it's better for a child and parent to maintain a relationship.

If you both have 50/50 care of the child, you would receive no child maintenance

One of you could claim child benefit

If you divorced, you would need to find a job
Good luck finding one that pays 1800 after tax

Suggest you consult a family lawyer, before deciding on a divorce

Wow!

If you stay in the flat you’d technically owe your husband rent which would cover his half of the mortgage. He would t need to pay the mortgage and child maintenance. It’s quite likely residence would be 50/50 anyway in which case you won’t get maintenance. I’m not sure how you think you’re entitled to 3/4 of his wages... unlikely to get spousal maintenance either. However I strongly doubt this thread is even real.

Hasn't anyone spotted the comment 'the government will give me a flat'? Ermmm..

IF your husband is self employed then he is likely to claim he is "earning" the minimum wage. You are unlikely to get very much at all I'm afraid.

Obviously a troll but if real you are going to be very disappointed!

Lepetit, no that is not what the OP posted. Clearly typed “the flat”. Big difference

"Hasn't anyone spotted the comment 'the government will give me a flat'? Ermmm.."

I though she meant she would be awarded the flat where that currently live as part of the financial settlement (which needs to be endorsed by the courts, not the government)

That might not happen, as clean break settlements are preferred, and her STBX will need somewhere appropriate for his DC to live (shared residency/plenty of contact being pretty typical)

OP has made a huge number of erroneous assumptions.

So the only possible advice is to see a solicitor and get specific advice in light of individual circumstances.

Agree it may well be a bit of a rude awakening, and she will certainly need to get back to full time work asap. I would recommend you do that before actually separating - you need to restore your financial independence asap.

The government does not decide anything. It goes via the courts system and nothing is decided without a lot of money being spend - unless you can decide between yourselves.

I have déjà vu.

Wasn’t there a thread pretty much identical to this a few months ago where the op was adamant she would be entitled to a substantial amount of spousal support from her British husband and only replied to ‘helpful’ comments?

Are you on '90 Day Fiance'? PMSL! 'Parent visa'. There's no such thing and if you really were an immigrant from Brazil you would know that, too. Extra points for the idea that you can lock him out of a home he owned before marrying you or that the government will give you a flat. Haahaahaa!

But hey, if any of this is real your major issue is that fact that it appears you are not on ILR. Which means you could be removed from this country, without your child, who is British and entitled to stay here and also your British spouse can claim any benefit he might be eligible for on her, you have zero chance in hell of getting spousal maintenance, if he's self-employed even if you got full custody the amount of child maintenance you get would be minimal, and if you cannot pay to put a roof over your child's head then he gets the child. But hey, the heating costs aren't much back in Brazil from what I hear.

Presumably this
www.gov.uk/uk-family-visa

@adri349 what an awful awful woman you are! Let me get this right - you want to divorce him but you want his house, £1800 a month so you can live in his house and you don't have to work and on top of all that you want to take his child away from him? What sort of person are you that would do that to someone! He has just as much right to see his child than you do, why should he have to live on £600 a month and you get the benefit of not having to work and not pay any bills? Why should he fund your 'nice holiday' that he probably won't be invited on, am I right? A lot of single parents can't afford to go on nice holidays, you should maybe think about that because I don't think you'll be going on a nice one for a while if you divorce him. It sounds to me that you've taken him for a ride and now you want out. Hopefully you do get divorced, hopefully he gets 50/50 and hopefully he finds someone better than you who doesn't leach of him for money since you've not worked for a while and he's supported you and hopefully he just has to pay you the minimum since you both will have 50/50 custody. You just sound like someone who is a money grabbed OP, you should be ashamed of yourself.

You sound obsessed with what's in it for you

Still doesn't add up, Knit, because she's been here for 7 years and the child is only 14 months old. She would have needed a spouse visa initially, but that doesn't last very long, only 2.5 years, so then she'd have needed to proceed to ILR on that basis. That she hasn't begs the question, her spouse visa must have lapsed. Uh oh. I don't understand why a person who came here on a spouse visa, which is 2.5 years, is still here 4.5 years later and has no ILR . . . . If you have ILR, you don't need a 'Parent Visa'.

You lost me at nice holidays.

Sorry - must not Speed Read!

You are looking between £250 to £350 ish per month for child maint from your ex dh, that's 'if' he only has your dc 1 night a week. The assets split will start at 50:50. If he has her 50% of the time, which he's quite entitled to, you'll get nothing from him.

Of course you'll have to work and look after your child, pay for a childminder and use primary school wrap around care, like most people

I'd be far more worried about your visa status than what I could get out of this guy, which really won't be much. You likely won't get 50/50, either, because he had the asset before you married and you haven't been married for very long. God, I have a good friend who just divorced after 2 adult children and 26 years of marriage who had to fight for 50/50, then he stalled and stalled on selling the house they'd bought together (the third one they'd bought together).

This is not at all realistic OP. I'm afraid you need to manage your own expectations here.

If he earns an average of £40k, the monthly amount he would legally have to pay you would be £341 according to the CMS calculator.

Spousal maintenance on an income such as his is extremely unlikely, so i'd write that off.

You would not automatically be given a home. You may be housed in a hostel or B&B for some time.

You need to get a solicitor immediately. You will possibly be entitled to 50% of the equity in the flat as you are married, but you cannot lock him out, presumably the deeds are in his name as he owned it pre-marriage.