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Original poster

Who should I contact, what should I do (marriage breakup?)

15 replies

lunavix · 02/08/2007 13:15

Dh has left. I assume we'll now be paying half each for mortgage - can I get help? I can't afford it. I know i need to phone tax credits. What else??

OP posts:

lulumama · 02/08/2007 13:17

CAB should be your first stop

find out if you can get legal aid

go to a solicitor

don;t assume anything, get factual information from a lawyer

very sorry to hear this x

LIZS · 02/08/2007 13:18

Council tax - you get a 25% discount for single adult and maybe would qualify for benefit ?

Original poster

lunavix · 02/08/2007 13:18

what do i need a solicitor for???

OP posts:

lulumama · 02/08/2007 13:19

surely you want any payments to you and for the children and in regard to the house to be done legally, so he is bound by them? i presume this is the end of the marriage?

Original poster

lunavix · 02/08/2007 13:23

yeah.. i didn't think of it like that

can it be done amicably? I don't know if he will be yet lol

OP posts:

mumblechum · 02/08/2007 13:24

Oh, dear, hope you're ok (ish_.

First things first, google "legal services commission eligibility calculator". That will take you to the legal aid website & you can see whether you'll get it. Don't put your dh down as partner, just your salary, savings etc. When it comes to equity in your house, put down half after taking £100k off. Eg, if you jointly have £220,000 equity, you presume you have £110k, knock off £100k, and insert £10k in the box (actually, if you have more than I think £8k, you won't qualify).

If the calculator works out that you are eligible for legal help, then go to Resolution.org.uk to find a local family specialist. When making the appointment, first say that you believe you are eligible for legal aid, as a lot of firms (mine included) don't do legal aid so it would be a waste of time seeing them.

At the first appointment, take along a basic list of assets (house, savings, endowments, pensions) and liabilities (rough figure for outstanding mortgage, loans, credit cards etc).

Most firms offer the first half hour free if you're not eligible for legal aid.

If you have children and earn less than your dh the usual presumption is that you would receive the majority of the capital plus a share of his pension (depending on length of marriage) plus poss. spousal maintenance.

He'll have to pay child maintenance at 15% for 1 child, 20% for 2 and 25% for 3 or more.

Hope this helps.

I'm just about to go on hols for a fortnight so sorry can't help further, but good luck!

lulumama · 02/08/2007 13:35

all i will say, lunavix, is that it might start amicable, it might not finish that way..also, you need your needs and your childrens; needs protected in law.....

Original poster

lunavix · 02/08/2007 13:36

ive had a look at the calculator but it wont work cos i'm self employed...

OP posts:

LucyJones · 02/08/2007 13:38

no practical adive but just wanted to say I'm sorry to hear this (we were on the April 2004 thread together)

americantrish · 02/08/2007 13:38

lunavix i'm so sorry..i am having martial problems now too. (my dh would never leave though.)
good suggestions on who to talk to.. also contact your phone company, water, electric, gas (this was suggested to me by the CAB if dh left.)

Original poster

lunavix · 04/08/2007 19:02

thanks everyone, am compiling a list to contact monday morning

OP posts:

Judy1234 · 04/08/2007 19:05

He doesn't have ot pay half the mortgage. He will need to house himself. If you earn more than him indeed you may have to pay him interim maintenance, never mind get half the mortgage from him. Assuming you earn less then you might be entitled to some money from him now if he earns more, yes. You and he need to talk about it. If he won't pay before it getst to court then you can make an emergency court application for some immediate regular payments (assuming he has a job and doesn't give it up). Also he should be paying for the chidlren if they ere are children and if they live with you which they may not. No reason children should be with either sex and many couples share them 50/50.

Speccy · 04/08/2007 19:08

This reply has been deleted

Message withdrawn at poster's request.

Original poster

lunavix · 04/08/2007 19:11

xenia

I earn under a third of what he does, he doesn't earn a huge amount. The kids are both under 4. One's a baby.

OP posts:

Judy1234 · 04/08/2007 21:57

Plenty of men disappear and pay nothing or choose to give up work so as not to pay their families a penny or disappear abroad but hopefully he'll be a helpful father post divorce and contribute. I think if the children are with you he has to pay 20% of net pay after tax for the children for a start - you can check that on the Csa web site. Then he may well have to pay you maintenance for yourself as you earn less assuming you have the children but often fora limited period these days until you can get back to full time work as the children get older. Presumably you can't afford to buy out his half of the house on a remortgage. The starting point is he gets 50% of your joint assets but if tehre is not enough money with 50% for you to house the children he may have to wait for his share of the house until you remarry, cohabit or the youngest child turns 18. Watch out for him clearing out bank accounts now and racking up credit card bills in joint names

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