What can you do as a stay-at-home mum divorcing?
This is a particularly common issue and, understandably, will cause you anxiety and uncertainty. However, all is not lost as the courts in England and Wales have wide-ranging powers that will ensure that your ongoing needs are met. The family court can order your husband/partner to pay ongoing spousal maintenance in addition to any child maintenance that the Child Maintenance Service might assess. They can also order interim spousal maintenance until a final order is made.Back in June 2016, the Family Justice Council published guidance that provided the following principles concerning spousal maintenance:
It is generally right and fair that relationship-generated needs should be met if resources permit.
The term ‘reasonable requirements’ is now not approved. The term ‘needs’ (generously interpreted) has gained acceptance.
Need will be measured by assessing the standard of living during the relationship – generally, the longer the relationship’s duration, the more important this factor will be.
A party may be expected to suffer some reduction in their standard of living regarding the overall objective of a transition to independence.
The court will assess the needs of both parties.
Maintenance can be a complicated issue. The best advice is to seek out family law services early so that you can control your case thoroughly and properly before any financial decisions are made.
