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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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applying for a divorce from my husband

Resolved Question:

applying for a divorce from my husband
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What do you wish to know about this?
Clare
Customer: replied 2 years ago.

I want to know what the best way is to apply for divorce. I have two children who are only 9 and 6 and what do you advise I should do first?

Expert:  Clare replied 2 years ago.
Hi
Do you both agree that there should be a divorce?
Clare
Customer: replied 2 years ago.

I have not told him yet. I have a feeling he does not want one but I can't go on anymore.

Customer: replied 2 years ago.
Relist: Answer came too late.
Taking too long to answer
Expert:  Clare replied 2 years ago.
Hi
Have you thought about how the finances and the children will be dealt with?
\Clare
Customer: replied 2 years ago.

That is what I am worried about. I had been a stay home mum for nearly 9 years and I just recently went back to a part time job which is my own business. But I am not earning much at the moment. I also feel very strongly about having full custody of my children as I am still the main care taker of my children. How do these things work?


 

Expert:  Clare replied 2 years ago.
Hi
There are two issues here - you clear want to separate and the starting point is to try and negotiate matters with your ex using Family mediation (www.familymediationhelpline.co.uk) to resolve how the care of the children will be shared between you - and how the finances will be divided
The children are entitled to regular contact with both parents so your proposals should include regular contact including overnight contact - so maybe an evening in the week plus alternate weekends and half of school holidays - although an alternative pattern may suit you better
With regard to finances the priority is the safe and secure housing of the children which is likely to mean you remaining in your current home - and your ex having to pay child maintenance (16% of his Gross income)
You may be entitled to spouse maintenance - but this is less clear cut
If you also wish to end your marriage (as opposed to just living separately) then the process is described
here
https://www.gov.uk/divorce/file-for-divorce
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Just one more question Clare. Is the family mediation to mean by members of our family or would there be people I can contact to mediate? Neither I nor my husband have family members nearby.

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Clare replied 2 years ago.
Hi
No a Family mediator is a trained professional
you can find out more on the link I gave you
www.familymediationhelpline.co.uk
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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