How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Kasare Your Own Question
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Type Your Family Law Question Here...
Kasare is online now

Myself and my husband of 16 years have agreed that we

Customer Question

Myself and my husband of 16 years have agreed that we currently have a marriage of convenience as we no longer love each other or want to spend any time together. We live under the same roof. There are no arguments, no violence, no fighting.

My questions are:

Does divorce in the uk use a 'fault' judgement ie who's fault it was?

Can I ask him to leave and ask him to still pay the mortgage?

Can he ask me to leave without the children?

If I leave with the children and live somewhere else, can I ask him to pay rent?

If I find another partner whilst separated from my husband but not divorced, does this still count as adultery?

The house is in both names with 5 years left on the mortgage. We agreed on the deeds that the house would be split 50/50 if we split up.

Does he have to pay child support or can he just refuse?

Concerned he will just refuse to pay anything as it was my decision to leave so he will say I just have to deal with it myself. He could afford to stay in the house on his own as he earns good money. I couldnt as I only work 4 days per week and do not earn enough.

If I stay I wont be entitled to housing benefit etc to help pay the mortgage will i?

Is it better to leave and rent so that I can apply for housing benefit to help pay the rent?

Will the courts say the children have to live with him as he earns more than me?

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank your for your question, I will do my best to assist but I do need some further information first.
How old are the children;
How much is the house worth and how much is outstanding on the mortgage
What income do you each have?