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how to count on the illness of one spouse

  • wishastar
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21 Nov 07 #7168 by wishastar
Topic started by wishastar
After we have quickly and impuslively decided to get marry, things turned to be so bad. After nearly 3 years, things have bloken down now. I could have apply a divorce petition before my spouse has done, but I really didn't want to initiate such thing, so I just waited to that he would do start it. Now we are in the divorce process.

I remember one newspaper article last year now(does anyone remember the case??), and I wonder whether it could apply to our case.

The article revealed that the assets and maintainance of the married couple who married only about less than 1 and a half year were divided 50/50, despite that the marital home was the husband's name. It was a very shocking news at the time. Interestingly, the point that the news focused on was that the wife's illness - the inability of earning due to the illness. The judge was then pretty merciful to her condition(I don't remember what),hence the assets and everything were allocated 50/50 fairly and the wife was entitled to get a very long time maintainance.

I am physically very weak too, but from the time before getting married.
I have had spinal injury when I was child, and the post-spinal pain now and then attacks me and I get so disfunctional every time when the pain attacks me. I have had numerous diseases so far, but I have been on-and-off all right for the last several years. But, unfortunately, I have got a certain propensity to get illness(apart from the spinal injury). It means that I can't easily get work and get steady income.

Badly, things have getting worse since I've married to my spouse. I have had a stress-caused breeding colitus in my bowel recently, and ended up staying in hospital for 2 weeks for that. Moreover, I have had removed my right kidney entirely as soon as I got over the colitus due to that I had tumors in the organ. They don't know the reason of the tumors, but it was really horrible experience! Besides, the doctors assured me that the tumors will be coming back to my left kidney! So I should be carefully monitoring my kidney from now on. And I am now having somewhat very ill condition since 1 month after the operation. Docs don't know the reason and place where is problem inside my body, so they need to investigate my body soon.I'm now on the waiting list of the notorious NHS....Let's hope that it's not so serious....!

Anyway.

The point what I want to ask is, my ill condition - I can't work and can't earn money as I'm physically not stable - would be also counted in terms of divorce settlement and allowance, as the scandalous case showed???

I really don't know the detailed real story of the case, so I really don't have any ideas whether my ill condition is going to be treated like that too. I would really like to know how I am going to be treated in the court in terms of divorce financial settlement. Besides, I am Japanese who is married to English husband. My nationality would be a certain obstacle in order to have a fair treatment as British couple would benefit??

If anyone can answer my questions, please let me know as soon as possible.

Thanks. xx

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