Month: September 2018

What Is a Stay At Home Parent Entitled to In A Divorce?

Divorce is a major step for any couple to undertake and there are circumstances where a parent might be left at a significant financial disadvantage. This is particularly tru if for example you happen to be a stay at home mum with no regular income.   

Fortunately, this is the 21st century and there is no reason to remain in an unhappy marriage due to the fear of being left destitute. You will find that courts have plenty of power to ensure that where necessary your needs will be met through ongoing maintenance not just for the children but also for you personally depending on your circumstances.  

Child maintenance and spousal maintenance are the main sources of help but you can even apply for interim spousal maintenance prior to a final order if you are likely to suffer significant hardship.  Beyond that and following divorce, you could as a stay at home parent be entitled to spousal maintenance until your children have completed their secondary education and there are cases where orders can be indefinite.  

Unfortunately, you will need to make a clear case for spousal and child maintenance and awards can vary depending on your former spouse’s ability to pay, It is important therefore to seek legal advice at the earliest opportunity to achieve the best outcome.

Divorce – Can You Take the Money and Run?

Being married often means sharing everything you have with your spouse but when a relationship breaks down thoughts can turn to making a grab for assets and cash. If you have  a joint account then it can be tempting to access it and withdraw half or even all of the money in an account before you are forced to share half in a settlement. This can pose a problem, however, if it is seen by the court as over stepping the mark.  

On advantage of making withdrawing your half of what’s in the account before a divorce takes place is you then have the money in your possession whatever happens. This avoids any risk of not being able to get your hands on money if the account is frozen by your partner.  

Of course doing this will send a clear signal to your ex partner that you don’t trust them and it will almost certainly result in them not trusting you either.  

It is far better to come to some kind of agreement on joint finances to avoid bitter disputes further down the line. For example one partner may feel that they contributed more than half to the account and will feel aggrieved if half of the money is then taken without their consent.  

In extreme cases during a hostile divorce, accounts can be frozen preventing anyone from accessing the account or one partner may withdraw all of the money and spend it. In the latter case, it is almost inevitable that half of the money will have to be returned.