Divorce - can anyone help

I'd suggest you speak to a solicitor.

The Citizen's Advice Bureau are very helpful for general advice but you'll probably need a solicitor anyway as you have the house and kids to consider.

You do not pay your H maintenance if the children live with you. (At least this is what use to happen)

Normal 0 false false false MicrosoftInternetExplorer4 This would be spousal maintenance nothing to do with the children.

In some cases were a spouse earns significantly more than the other the lower income spouse could claim spousal maintenance. A typical claim is were one party has not worked as they have raised children and therefore their earning capacity is lower as they have been out of the work place for some time.

When considering this the court will look at the needs and resources of both you and your H.

Your marriage is not a long marriage in terms how Court opinion and they would also look at whether your H could increase his income.

I wouldn't worry too much about this as if the children are with you and a short marriage not sure there would be a great argument for maintenance.

How old are you both? As age is also a factor.

The first thing a court will consider when looking at finances (or any application) is the welfare and needs of the children. If you are going to be the main carer I can't see a court ordering spousal maintenance.

Obvioulsy each case is dealt with differently depending on assets, liabilities and earning capacity.

You don't always need a solicitor. If you can agree matters regarding the children then solicitors won't deal with that if it is agreed. Finances obviously depending on assets then if they can be agreed you could always try and get a free half hour or contact the CAB and see if they do a specific family clinic. Local firms of solicitors offer free half hours there so you can get actual legal advice. Though if he does try and raise a spousal maintenance issue may be worth taking advice.

Hope that helps and hasn't just confused you more. Feel free to email me if you want any specific help.

Thanks so much for your replies, that has set my mind at rest. Also useful to know that some solicitors offer a free 30 mins, would be good to get some initial questions answered.

Which have done a very good, comprehensive book on Divorce (can't remember the exact name, it's a while since I needed it lol) - I got my copy from W H Smith's and I found it really helpful.