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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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Can spousal maintenance be back dated once a divorce

Customer Question

Can spousal maintenance be back dated once a divorce petition has be given?
If so how far back?
When can I apply for spousal maintenance ?
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I shall do my best to help you

You can apply for spouse maintenance as soon as the divorce petition has been issued.

I am afraid that the order cannot be backdated to a date prior to the applictaion being made

Please ask if you need further details

Clare

Customer: replied 1 year ago.
Thank you for your reply.
Could this be argued?
I had to leave our home due to his violence three years ago May.
I have been unable to afford a divorce. But now he's put a divorce petition in, could it be possible to claim back dated maintenance? I have had to live back at my parents from that time till now and I am forever borrowing money and accumulating expenses that need to be paid back. I'm also looking after our son who is of a young age. Whilst he carries on earning a high level of income and doing nothing with two properties .. Hopefully hear from you soon. Many thanks
Expert:  Clare replied 1 year ago.

Hi

How much are the properties worth and how much is outstanding on any mortgages?

What income do you each have and what child maintenance is paid?

Customer: replied 1 year ago.
One has been on the market and over priced for 3 years this October. It is worth £450,000 and has an outstanding mortgage of £260,000.
The other one is worth £230,000, and has a mortgage of £110,000. He is renting this out to the army base near by .. He gives £500 for child maintenance. That began April/ may 2015. Our son was born 01/01/2015. He doesn't give any maintenance for myself, household expenses or rent etc
Expert:  Clare replied 1 year ago.

Di you not wish to live in either property?

Customer: replied 1 year ago.
The one is being rented out so I can't. And I was advised by the police to stay at my parents house with our son because they felt it wasn't safe for me to live in the matrimonial home.
Expert:  Clare replied 1 year ago.

Sorry - I understand that - but if you COULD live in one of them would you wish to?

Customer: replied 1 year ago.
Sorry for the misunderstanding.
No because I was on my own a lot the time. I don't know anyone from that area. And my parents live an hour away.
I don't see a life or one suitable to bring up our son in. It's isolated and too far away from anything I enjoying doing.
Expert:  Clare replied 1 year ago.

That is fine - it is just important to know!

How much would you need to purchase a two bedroom property in the area you are currently living in

Customer: replied 1 year ago.
Well there isn't anything smaller than a four bed available in the area I live. If I had the money I would move somewhere that is only 15 minutes away from my parents house and close to two very good schools.. I've looked into a three bed home .. Value between £230,000-£280,000.
Expert:  Clare replied 1 year ago.

What about a two bed in that area?