Discussion in 'Finance, Property, Law' started by Infiltrator, Jan 10, 2010.

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  1. One of my guys came to me last week for some advice.

    Long and sort of it is that he really needs to leave his wife, but he thinks that he can't afford to.

    He is paying around £500pm towards a debt management plan with about 15k left to pay on it.

    His wife has never worked, and has refused to do so on several occasions and so is completely dependent on his income. They have a child of 7, and they have been married for 5 years.

    They are currenly in quarters.

    Now then, I am none too boned up on this side of thing, and I told him to either go to the CAB or get a solicitor on one of their half hour free things, but in general, what is she likely to be entitled to?

    Are the rules still the same for 56 days in the block before he starts paying food and accommodation, to give them a chance for reconciliation? I think it used to be that she was given 3 month to vacate the quarter after that, but what happens after that and who pays for it? My suspicion is that he could well be cleaned out, but I haven't said this to him.

    Anyone got any similar experience?

    (edited for mong spelling)
  2. She is entitled to stay in the quarter for 93 days. This is at his expense while he lives in the block, where he pays accomodation (and food if not PAYD). After this she will be requested to leave the house and if she doesn't SHE will be liable for the rent at a higher rate than the normal SFA charge (not sure of exact figures). However she cannot be evicted from the quarter until she has alternative accomodation and by the sounds of it she will be relying on a council house so she could be in there for some time. (My ex ended up staying there over a year). To ensure that he doesn't pay for the quarter for any longer than neccessary, he needs to go and sign a 1700 on the day he decides to leave. This will give the Army notice that he is legally seperated and start the ball rolling.

    As for his pension she will be entitled to half of 5/22nds, but only when she is 65. She will also be entitled to some of his "lump sum" when he leaves - again I'm not sure of the exact amount. If they agree on everything and decide to split amicably, he can get a divorce for free. If she is on benefits and approaches the court directly she can get the papers and legal aid for it to be finalised by a solicitor. All he needs to do is sign and the divorce will be done. If they disagree on things, custody of child, pension etc etc, it could get very expensive and it doesn't sound like he can afford the luxury of a solicitor.
  3. Kid two years out of marriage? Looking for a get out? Call me a bluff old cynic but getting a sneaky DNA test done could save a lot of money. Try to stop them getting their greasy mitts on your pension by transferring it to another government job/dept. and not taking it until the kids are eighteen.
  4. I don't think that is accurate. My wife (ex) is getting sod-all of my pension.
  5. ViroBono

    ViroBono LE Moderator

    A Debt Management Plan is an informal agreement, and can be renegotiated; in many cases individuals pay £1/month to creditors (where it's all they can afford), and although a creditor can end the agreement at any time Courts take a dim view of creditors who bring proceedings where a DMP (no matter how small the payments are) is being maintained.
  6. There is way too little information here for anyone to make an informed judgment. It is impossible to say "in general" what she may be entitled to. Each case rests on its own particular circumstances.

    The length of time (if any) they cohabited prior to marriage may make a difference, the debts may me matrimonial or non matrimonial in nature - that is relevant, the pension may or may not be considered to a greater or lesser extent, she may have an earning capacity even if she isn't currently earning. The court would consider that. There will be other relevant circumstances not covered here.

    You're chap needs (as you have said) to get some advice from someone who:
    (1) is qualified to advise, and
    (2) is in command of all the material information.

    And (3) isn't a total stranger over the internet who might be knowledgeable but who might equally be a thick gobshite. (I do not suggest that any of the current posters fall into that latter category.)
  7. Neither did mine, but this is what they CAN get provided they get a good solicitor etc. As I said it's far better to come to an amicable arrangement. In this case if he took all the debt, I'm sure it could be argued that she should not be entitled to anything else off him.