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F E Smith
F E Smith, Solicitor
Category: UK Family Law
Satisfied Customers: 9321
Experience:  30 years General Practice including Divorce & Matrimonial Property
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UK Divorce. Boyf wife is asking for an agreement to an

Customer Question

UK Divorce. Boyf wife is asking for an agreement to an undefined spouse support amount in order to file paperwork
Submitted: 8 days ago.
Category: UK Family Law
Customer: replied 8 days ago.
He currently makes 19,000 pounds a year as a hotel concierge and pays 75 pounds a week in child support
Customer: replied 8 days ago.
His wife works part time (her choice) makes 19k a year plus received assistance from the government. How much spousal support could she be entitled to? They were married for 7 years. She is going to be the petitioner in the divorce and she wants him to agree to spousal support in the future should his income change. We want to get married as soon as possible but don't want her to be able to come after my money. Please advise.
Expert:  F E Smith replied 4 days ago.

I have been asked to look at this question for you. I apologise for the delay in keeping you waiting but it’s only just been put in front of me.

Are you saying that they both are on £19,000 per year?

Is there a reason that she is petitioning him rather than him petitioning her?

At this early stage I can tell you that she can use the fact that the two of you want to get married as soon as possible to try to get things “agreed” (the wrong word in all probability) to spin things out and to get more favourable financial settlement for her.

Do they have children? How old? What other house, assets, pensions et cetera do they

Customer: replied 4 days ago.
they both make 19,000 pounds per year. I think finances was the reason she petitioned him. They have one child who is 3. They don't have any money together. He has a pension and she works as a nurse for NHS
Expert:  F E Smith replied 2 days ago.

Although the award of spousal maintenance is not necessarily about equalising incomes, and while she may be entitled to child maintenance if there are dependent children, if they are both earning the same amount of money, it is most unlikely that she would have a claim for spousal maintenance.

Can I clarify anything else for you?

Customer: replied 2 day ago.
what about in the future? Can she ask for an increase in later years after the divorce? I will probably make more money than both of them in the future. Can you she have access to my money? What if we have a joint bank account or buy a home?
Expert:  F E Smith replied 2 day ago.

The secret is to apply to court for a financial order before the decree absolute is obtained because the financial order, along with the Decree will draw a line under the divorce finances.

She can’t have access to your money unless you allow her.

If you have a joint bank account then the proceeds would have to be divided and similarly with a house. The biggest factors in deciding what each person gets out of that are the length of the marriage, whether there are any dependent children, and what each in at the beginning and over the period.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 2 day ago.
what if she won't sign one? Would you encourage me to keep my finances separate? How would I go about doing this? Best case scenario: what would you advise me to do?
Expert:  F E Smith replied 2 day ago.

If she won’t sign a financial order by consent, then the court will do it and the order will happen whether she agrees to what’s in it or not.

The process for applying for the financial order is here: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

please note the timescales noted under “Deadlines for applying”

Finances are always better apart

Customer: replied 2 day ago.
that is helpful. but this can only be done before decree absolute correct?
Expert:  F E Smith replied 2 day ago.

You can agree what you like but the courts will not get involved in setting down the order after the absolute is granted if she decides to make a claim in the future if the example you won the lottery or your business was extremely successful

Customer: replied 2 day ago.
got it.... clean break is needed...
Customer: replied 2 day ago.
What about a prenups? If I made him sign one. Would that stop any future claims on my money?
Customer: replied 2 day ago.
If she wants spousal support without a financial agreement...Should I encourage him to delay the decree absolute? How does he go about doing that? How does spousal support get enforced without a financial agreement? Should he not pay her anything without one? I guess I'm looking to force the issue... so it can be resolved
Expert:  F E Smith replied 2 day ago.

There are various criteria with regard to prenuptial agreements and one of them is that it must be entered into willingly so you cannot “make him sign one”.

A postnuptial agreement is better although there is no guarantee that anyone will sign one after marriage.

Yes, delay the absolute until there is a financial order in place.

If she wants spousal support with a financial agreement, tell her to get lost. In fact, I wouldn’t give her spousal support anyway based upon the financial details you have given me.

The petitioner applies for the decree absolute and can do so once six weeks have passed from nisi.

If the petitioner doesn’t apply for it, the respondent can apply after three months and six weeks.

In each case, the application goes to the other side to sign and they refuse to sign it until there is a financial order.

https://www.gov.uk/divorce/apply-for-a-decree-absolute

Customer: replied 2 day ago.
Her reasoning for not working more hours (she is a nurse) is she's "not ready". Also, she is on some assistance from the government. I feel like she will use that she is ill in some way to say why she can't work more. She won't disclose to him any of that information. We have text messages with her saying she doesn't want to tell him what's wrong".
Customer: replied 2 day ago.
He's currently waiting for the paperwork but what can he expect in the mail?
Customer: replied 2 day ago.
Worst case scenario he goes for the decree absolute and financial settlement later... what could she ask for in the future? Does that have to go to court? Can the court get involved?
Expert:  F E Smith replied 1 day ago.

He needs to get the financial settlement done before the decree absolute.

Otherwise she can always go back to court and hold her hand out for more. For example, she may decide to stop working. Financial order draws a line under everything.

Before you go, please do not forget to use the rating service in the top right hand corner of the page. It’s the process which gets experts paid. The thread remains open. We can still exchange emails.

Kind regards

Customer: replied 1 day ago.
it's best to bring her to the table now. She can be quite sneaky and my boyf is a people pleaser. How does he go about delaying the absolute? Does he need a solicitor for that?
Customer: replied 1 day ago.
What would be a good offer he can give her to to show he "wants to play ball". I ask because she is stubborn and will try to avoid this conversation? How do we ensure she responds legally?
Expert:  F E Smith replied 22 hours ago.

He needs to make the application for the financial order now. He cannot delay the decree absolute while he thinks about it. The courts do not routinely delay the decree.

Here is an article on the subject.

http://becket-chambers.co.uk/2016/10/12/can-delay-decree-absolute/

Customer: replied 22 hours ago.
Before he receives the paperwork?
Customer: replied 21 hours ago.
I guess I need to know the correct order: What currently has happened is she is has filed for divorce... He hasn't received the paperwork from the court as yet. She does state she is putting in basically all the "bad" things he did... (My guess is to validate reason for the divorce and also make any judgement favorable on her end) . While we wait to receive her petition. What should the best course of action be from his end chronologically?
Expert:  F E Smith replied 21 hours ago.

People do tend to put all the bad things into a divorce petition and to be honest it isn’t needed if it’s based upon unreasonable behaviour. It just needs to be enough to prove that it is not any longer tolerable for this man to live with this woman. (Or vice versa) it is not meant to be a character assassination.

However the court doesn’t apportion blame and it doesn’t matter who divorce is who or why, the financial outcome is the same. He may be tempted to defend part of the petition, particularly if it’s exaggerated but I would caution against that because it wastes time and time is money and it’s not going to achieve anything.

At this stage, he needs to wait for the paperwork and then deal with it. It seems that she is going to drive this and he will need to respond

Customer: replied 20 hours ago.
ok... may I ask follow up questions as we proceed through the divorce process?
Expert:  F E Smith replied 4 hours ago.
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