# Exwife contesting divorce as 'she was not adequately provided for' in seperation.



## Tricksy (10 Oct 2006)

My partner is currently going through a divorce. His ex-wife is contesting the divorce as 'she was not adequately provided for in the Judicial Separation'.

It was a 3 year marriage, no kids and she got to get keep the family home and all contents for considerably less than what he got. She has an income of over 3k a month, no dependents. We have one child.

She's now saying she was forced into a big mortgage (her choice to buy the family house), she has liquidated her business and wants maintenance.

Is she likely to get it?  Any thoughts would be very much appreciated.


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## ajapale (10 Oct 2006)

*Re: Maintenance???*

Your friend should seek advice from a solicitor who specialised in family law.


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## Tricksy (10 Oct 2006)

*Re: Maintenance???*

He has a solicitor and a barrister. I was hoping someone might be able to offer an opinion as they both have expressed that this appears to be an unusual case.


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## ACA (10 Oct 2006)

Don't understand how yr partners brief and barrister can say "it's an unusual case" !!

They've split up - divided the assets - and now she's trying to screw a bit more out of him! I'd dump the barrister, (expensive and why is he necessary for a divorce?) and think about changing your brief to someone who's more experienced in family law. 

She has a job, so why should she be seeking support for herself? If she has a big mortgage - sounds like she managed to get it on her own, so why should yr partner be responsible for it? If there are debts left outstanding from the marriage then he is responsible for 1/2 of those unless he can prove that he's not reaping any benefit from it, (car loan and she has the car for example). 

Sounds like your brief is useless. I'd get onto FLAC and see could they give you any guidance on getting a good family law solicitor.


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## ramble (10 Oct 2006)

FLAC is a free advice and referral service for those who cannot afford a solicitor.  They would not be the appropriate place for assistance in this instance.


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## bond-007 (10 Oct 2006)

Ok. I would assume if she has a nice high paying job or is wealthy by other means then she would not be entitled to maintence? Would that be correct?


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## ACA (11 Oct 2006)

Ramble. I thought that anyone could go to FLAC. Doesn't FLAC stand for free legal advice council - OP is looking for advice on where to find the right solicitor? 

Bond-007, that wasn't what I meant at all - OP stated that this was a 3 yr marriage with no children. If ex is working in a good job, doesn't sound like her standard of living is being adversely affected by this divorce - why should she expect hubby to keep her for the rest of her life?


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## dats_right (11 Oct 2006)

cc


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## Tricksy (11 Oct 2006)

Thanks for taking the time to reply.

I understand & appreciate that it is very difficult to make a comment based on a few facts (but they are facts) and one side of the story.  We have decided to stick with our current solicitor and barrister as I think we need all the help we can get.

The reason for my post in the first place was to see if there is a general rule of thumb for a Court awarding maintenence.  She was well provided for in the separation, she has supported herself for the last three years, she has no dependents, she has 50% equity in her own home, a very decent standard of living looking at her Affidavit of Means (certainly more lavish than ours), there are no children from the marriage.

I guess we'll have to wait and see what the Judge thinks.  If we're lucky (?) we should have a date for early 2008.


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## ajapale (11 Oct 2006)

Are there any self help groups for men going through divorce proceedings?


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## dunn (7 Oct 2007)

She was well provided for in the separation, she has supported herself for the last three years, she has no dependents, she has 50% equity in her own home, a very decent standard of living looking at her Affidavit of Means (certainly more lavish than ours), there are no children from the marriage.

I would suggest that she is unlikely to be awaded maint, with earning of 3K per month and self supporting for the last 3 years, this is unlikely.

Why is the hearing in 2008 ?  My DP filed for divorce iearlier this year and has a hearing this year.


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## ajapale (7 Oct 2007)

dunn said:


> My DP....



Whats DP?


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## dunn (7 Oct 2007)

darling partner


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## Thirsty (8 Oct 2007)

When was the JS awarded?  

Post-96 JS tend (and this is a general statement) to be upheld when it comes to the divorce settlement unless there is a considerable change in circumstances (e.g. one partner suffering from chronic illness for example) or there was a failure to fully disclose etc.,


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## Stifster (16 Oct 2007)

Tricksy said:


> Thanks for taking the time to reply.
> 
> I understand & appreciate that it is very difficult to make a comment based on a few facts (but they are facts) and one side of the story. We have decided to stick with our current solicitor and barrister as I think we need all the help we can get.
> 
> ...


 
There is no rule of thumb and each case is decided on it's own merits, the Judge you get on the day, whetehr or not agreement is reached will have to satisfy themselves that both parties are adequately provided for, that is what the law says and if you are in a dispute at present having a barrister is a necessary if costly requirement. (Some day i hope both areas of the profession will merge). I would have thought that since the JS is only 3 years ago the Court is likely to be led by it.

Was she legally advised at the time? Was the Court decision based on evidence heard or was an agreement reached before hearing?


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## MugsGame (17 Oct 2007)

ajapale said:


> Whats DP?


As if you didn't know already!


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