Husband Refused to Pay Wife Financial Support - Divorce Case Study

Author:
Jane Auty
Partner, Family Law and Divorce Solicitor
Date:
05/12/2019

Client Situation

Mrs M issued an application for divorce after a 10-year marriage. Mrs M and her husband moved to the UK from overseas to allow him to finish his studies.

Mrs M was the main breadwinner in the relationship. She had supported her husband throughout his studies. She had built up savings and investments but these had largely been used up to help him finish his studies.

Once the couple moved to England, her husband secured a job with a high salary.  He was then in a much better financial position. Mrs M supported her husband on the understanding they would have a much higher standard of living in England once he had secured a well-paid job.

After six months, Mrs M’s husband decided that their marriage was over and applied for a divorce. This was a devastating blow to Mrs M, particularly as she was now financially dependent on her husband. Mrs M’s husband walked out on her and initially refused to provide any financial support.

How We Helped

Our Divorce Solicitors issued divorce proceedings. They scheduled urgent mediation so they could open a dialogue between Mrs M and her husband. It was clear that Mrs M’s husband had unrealistic expectations of how the issues between them could be resolved. But because Mrs M had spoken to a Divorce Solicitor at Simpson Millar, she had a clear understanding of the options open to her.

Her husband refused to appoint a Solicitor and became obstructive in mediation. Without bypassing the mediation process, our Divorce Solicitors established an open dialogue with Mrs M’s husband and broke down some barriers.

The Outcome

Our Divorce Solicitors reached an agreement through correspondence with Mrs M’s husband and agreed on a divorce financial settlement without going to Court.

Mrs M received periodical payments for a time and a fixed amount of money each month.

Divorce Financial Orders and Financial Settlements

Many married couples in England and Wales aren’t aware that a Decree Absolute legally ends a marriage - but it does not deal with any of the matrimonial finances.

To cut the financial ties from each other on divorce and prevent an ex-husband or wife from claiming money from their ex-spouse in the future, a Financial Order from the Court is required.

For more information see Divorce Financial Orders and Financial Settlements.

For initial advice call our Family Law & Divorce Solicitors

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