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What exactly is happening on this front at the moment?my marriage broke down as a consequence we are to settle issues over our 3 year child, maintenance, mortgage etc
Sort it all out through whatever process is in train above?Any suggestions are welcome, please
there is a duty on a husband to support his wife (interestingly it doesn't apply vice versa)
That's not the case; either partner can be called upon to support the other.
However, all other things being equal, whilst there is an expectation that a fit and healthy person should be able to support themselves, in general terms allowance is made for a parent who is caring for very young children or an elderly relative, or has been out of the workforce for an extended period of time.
Maintenance and access are two separate issues and cannot be linked.
I would strongly recommend mediation - if nothing else both of you will get a straight line on where you stand legally and can then make choices on what you want to happen.
Any amount of legal process is not going to turn an poor parenting situation into a good one; only dialogue and negotiation will do that.
Very good common sense point!Any amount of legal process is not going to turn an poor parenting situation into a good one; only dialogue and negotiation will do that.
there's a common law duty on the husband to support his wife (but not vice versa)
That's still not correct; either party can claim support from the other.
In fact spousal and child maintenance can be ordered to be paid even where couples are still married (and such orders have been made).
Actually it is correct. You are talking about orders for judicial separation and divorce which are entirely creatures of statute. All orders made in these cases are made under various sections of the Family Law Acts 1989-1996, and as such they are gender neutral. However, under common law divorce (divorce a mensa et thoro, which did exist in Ireland) orders were made under common law, not statute, and it was clear under common law that while a husband had a duty to support his wife, there was no reciprocal duty on the wife. Because of the intrusion of statute, it has not been necessary to change the common law position, and accordingly, this imbalance in duties still exists (in common law only).
You appear to be mixing up court powers under statute and common law duties.
Interesting though this is I think you'd agree it is entirely irrelevant!
On the basis of anecdotal evidence I would disagree - as I've said before the general expectation would seem to be that an otherwise fit and healthy person can and should support themselves.sort of attitude still exists
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