In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor Deon Hayward...

Will my husband have to pay me maintenance if we get a no-fault divorce?

Q: My husband and I are divorcing after nine years of marriage, and two children. We are going for a no-fault divorce as we have simply outgrown our relationship and staying together is no longer in the children's best interests due to the increasing arguments they overhear.

My husband is happy to move out of the house and let us stay here until the children are older, but I will struggle to pay all the bills on my own as I gave up my full-time job to have children and now I only work part-time in order to be here for them after school. My husband says he will only have to pay maintenance for the children as I work. Is this the case?

A: Firstly, even if you apply for a DIY no-fault divorce, it is essential you reach an agreement that is recorded in a financial consent order and approved by the Court. Taking proper legal advice about this will ensure that whatever agreement is drawn up is enforceable and is final with no repercussions in the future.

Spousal maintenance is generally agreed as part of a wider financial settlement and is provided in addition to any child maintenance. It is typically considered a necessity when one party does not have sufficient income to support themselves. In your case this could be because you gave up your full-time job to look after the children. Your children's ages will have a bearing on whether spousal maintenance should be paid to you, as well as your ability to return to full-time employment.

It may also be open to you to apply for an Occupation Order, allowing you to peacefully occupy the family home, should your husband change his mind about allowing you to peacefully occupy the same and matters become intolerable.

It is worth noting that if you should remarry, any existing spousal maintenance will automatically end.

• This question has been answered by Deon Hayward, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.