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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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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Hi, my husband and I are considering divorce. He has had problems

Customer Question

Hi, my husband and I are considering divorce. He has had problems with alcohol use which has caused a lot of unreasonable behaviour. Both he and I were working for the NHS but he is currently unemployed. We have been living separately since January 1. I live in the marital home with our 4 year old son. he is currently renting.
The mortgage on the marital home is in my name, as are the title deeds. The house was bought primarily from my savings and I have been paying the mortgage all along. There is still about 145 K left to pay on the mortgage.
My husband has verbally agreed that I can have the house. He is planning to go abroad to live with his relatives and attend alcohol rehabilitation. He is not yet sure when he will return to the UK but if he does, he expects to earn about 75K annually.
We both have NHS pensions.

My questions are:
How do I get his verbal agreement regarding the home ownership in writing?
If he does eventually return to the UK, he is willing to pay a monthly sum for our son's upkeep but as stated above, when and if he will return is uncertain at the moment. How can I ensure that if he does return, his agreement to pay a monthly upkeep is binding?
What other things do I need to think about?

Regards,
Sam
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.
How much is the house worth and how much do you earn?
Clare
Customer: replied 2 years ago.

The house should be worth about 30th. I earn about 54 k annually.

Expert:  Clare replied 2 years ago.
Hi
Are you willing to start divorce proceedings immediately
Clare
Customer: replied 2 years ago.

Yes


 

Customer: replied 2 years ago.
Relist: No answer yet.
Customer: replied 2 years ago.

Hi Clare, I answered the above question with a straightforward Yes, but haven't heard from you. Waiting for a reply please.

Expert:  Clare replied 2 years ago.
Hi
My profound apologies - I have no idea why it did not turn up on my list
The safest way forward would be to start the divorce proceedings and within these apply for a Financial Consent order confirming that neither of you will have any further financial claim on each other.
With regard to child maintenance you need do nothing at this point.
If he does return and does not start payments you will be able to apply to the Child Maintenance Service for an assessment which will be enforceable
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

As things stand, he is now saying he will return to uk in a couple of months and has a job waiting to go to.What happens if I don't start divorce proceedings now? How do i apply for a financial consent order? Is it possible to have a financial consent order without divorce?

Expert:  Clare replied 2 years ago.
Hi
No there can only be a Final Order within divorce proceedings
There is no point in waiting if the only reason is child maintenance
Clare

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