Legal Question in Family Law in United Kingdom
Hello
About 8 years ago I went through a legal battle in the courts after fleeing domestic violence. In an effort my solicitors battled for me to have some maintainence from my ex-husband for myself. I was awarded something like 5 pence maintainance a year. The domestic violence left me disabled.My
solicitor adviced me to accept the 5 pence mainainence as it would keep the case open if in the future I ever needed to go back to court for maintenance. He no longer has to pay any child maintainence, as my children are grown up now. I was awarded no pension rights as that was not the law then. He has now retired from work on a medical pension and.has another job on top of his pension. I have returned to work now but struggle finacially to try and reach mortgage payments and have no protection for pension. I know that the law has changed and now in divorce pension rights have to be adhered to, but what happens if the law was not in place at the time, can it be persued now? Or is it still worth persuing a maintainance for myself. What holds me back is the thought of legal costs, as I have no savings to fall on.
I would be grateful for your advice.
Thank you
Monica Sharp
1 Answer from Attorneys
Hi Monica
The solicitor at the time of your divorce was absolutely right and by obtaining a nominal maintenance order for you of 5p a year you are now able to go back to court and have this increased to a proper amount. This is not a difficult procedure and all you really need is some advice on what will be relevant and needs bringing out. There should be no needs to incur the cost of employing a solicitor. If you would like us to guide you through all that is needed this could probably be done under our �15 advice service.
Andrew Dutton
www.legal-zone.co.uk
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