Divorce Maintenance

An expensive divorce

What do you do if you want a divorce, there are assets/income to be divided between you and you require maintenance, but are too "rich" to obtain public funding (legal aid) but too poor to afford your solicitor's fees?  There will be money at the end of the day but few solicitors can afford to run your case (and everybody else's) for the best part of a year whilst you go through the court process

Your spouse can, however, afford to pay his or her solicitors (usually his) and could, if he wanted to, pay you more maintenance, both for yourself ("spousal maintenance") and to enable you to pay your legal fees

Whilst the court procedure is moving forward, you need money now and you wish to apply for "maintenance pending suit"

You wish to include in that application an element to cover your legal fees. Will the courts allow it?  Answer: Possibly

The court will first require you to explore the possibilities of obtaining funding for your divorce arguments in other ways i.e. using savings, cashing up liquid investments, public funding/legal aid, loan from the bank, loan from family, giving a charge to your spouse's solicitors to cover the fruits of the ancillary relief proceedings, using Barclays Bank "client credit account" (that bank's financial product to fund solicitors fees where there will be a capital sum recovered in due course)

If you are contemplating divorce, speak to Michelle Brennan on 01732 897971 or Michael Breeze or 07 900 195 195

Related topics you may find useful:

Divorce trust funds
Unmarried couples and property
Deeds of separation
Conduct in divorce
Buying new property before divorce is finalised

Letting the wife live in the former matrimonial home 

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment