Friend left husband, what rights?

[indebtedgal]

A friend of mine has left her husband. They have one child. Neither of them have any money, she is on SW and he lives hand to mouth. She has moved out of family home. They have joint mortgage which has not been paid for the last month or 2 as he has cleared out their account for money for sweets so to speak. She feels helpless as for years until she lost her job she struggled to pay mortgage and without his help and now the house could be lost. Can she insist on him moving out of the house and would she then be able to get help with the mortgage until she gets back on her feet... If it is relevant she left him due to his lack of responsibilities and unwillingless to work and alledged infidelity.. please move if in wrong place..

 

[ClubMan]

Maybe start here?

CitizensInformation - Separation and divorce

It's best in these circumstances to come to some sort of mutual agreement on financial/property matters. However since it sounds like this may not be possible then she may need to start thinking about getting professional legal advice. If her means are limited then she may qualify for subsidised legal representation.

 

[Thirsty]

She should seriously consider moving back into the family home; leaving it puts her in a weaker position in regards to settlement negotiations.

Unless there are compelling reasons for a barring order (physical/emotional abuse) it is unlikely that she will succeed in getting one. However if she is concerned for her safety she can obtain a safety order.

It would be a good idea to write to the bank and advise them of what is happening in regards to the separation and request a moratorium on payments or other arrangement that might be suitable (e.g. interest only) in the circumstances.

Mediation is free but both parties must agree to go; there is a waiting list at present, but I don't think its very long (about 6 weeks).

You cannot apply for a Judicial Separation until you have been separated for 12 months; living separate lives at the same address is accepted as being separated.

If she is not in employment and he is, she is entitled to seek spousal as well as child maintenance.

More sites to have a look at

www.rollercoaster.ie
www.revenue.ie (tax affairs)
www.solo.ie (good spread sheet on calculating maintenance)
www.treoir.ie
www.welfare.ie

 

[dazza21ie]

she should get in touch with her local legal aid center who will advise her of her options. She should also get in touch with the Social Welfare and see if there are any other benefits that she can claim e.g. Lone Parent Allowance