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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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I come from Poland and my husband from Malaysia ( non-eu) country.

Resolved Question:

I come from Poland and my husband from Malaysia ( non-eu) country. We met in UK and have been together about 10 months before we got married in September 2013. We have now been married for about 9 months.
Since the first month we got married my husband been emotionally abusing me, been very aggressive, controlling and possessive.
I have seen my doctor about 3 months after we got married regarding the issue and got prescribed an antidepressants treatment to take for 6 months.
We then both decided to go counselling but more vulnerable and week I got the more abusive and powerful he got towards me. Until one day while he was at work I decided to pack up my stuff and move out before it turned physical. I am now couple of weeks pregnant expecting end of February next year and terrified. I can't sleep, concentrate and forget about it, I keep crying every time I remind myself about what he did to me or what he is going to do yet. I even started seeing counsellor one to one to help me through the difficult time and I am currently under ongoing therapy. My husband and I have now ceased communication.

I want to divorce my husband. I don't want any money from him or any share of his assets. I also don't want his money towards raising our child.
Can I divorce before the one year of being married and before the baby is born.
I would like to know everything regarding parental rights before and after birth.
Who has the most parental rights
Which surname baby can have ( I changed my surname to my husbands after we got married)
I prefer to have a baby in Poland and be close to my parents in the first couple of months. Can I do that without my husband knowing. Do I have to have his permission. What if I decide to live in Poland and stay there permanently. Can I do that with my husband still living in UK . Do I need to let him know every time I want to to on holiday, abroad or have his permission.
The most I am worry about is abuse towards our child. I was abused by him before many many times and I am terrified he will do the same to our child. Can I some how stop him from doing this and protect both of us. Can we set up for example supervised visits for couple of years until our child can decide for him/her self.
I am very scared he will try to take our child away from me. He did managed to control me for a while and my whole life and knowing him and what he can do he will try his best to control both of us, myself and our baby and everything to do with it.


The is one more thing I wanted to ask. I have a land in Poland worth a lot of money. I owned for several years before I met and got married to my husband. Will I have to sell it now, does my husband have any rights or shares to the land.

I am so sorry to overload you with my problem, I just hope you have a answer for me which will give me some hope towards our future with the least stress as possible.
Many thanks for listening,
Iwona
Submitted: 3 years ago.
Category: Family Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
It's an answer worth waiting for. Thank you for taking your time regarding my issue! I do appreciate your help.
Kind regards,
Iwona
Expert:  Nicola-mod replied 3 years ago.

Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello Iwona,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.
Please continuou searching. Hope it won't cost me more ;-)!
Thank you!
Expert:  Nicola-mod replied 3 years ago.
Hello Iwona,

We will continue to look for a Professional to assist you. There will be no extra fee.

Thank you for your patience,
Nicola
Expert:  Clare replied 3 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.
Do you actually wish to return to Poland permanently?
Clare
Customer: replied 3 years ago.
Good morning Clare,
Thank you for looking into my case. Well, I am not sure yet but I rather know the answer just in case I will be going back for ever and know what to be prepared for. UK is also an option ! Can we please look into to both options?
Many thanks,
Iwona
Expert:  Clare replied 3 years ago.
Hi
You cannot issue a Divorce Petition in the Uk before you have been married for at least a year but there is no reason why you cannot issue a Petition base don his Unreasonable Behaviour in September
Since you were married I am afraid that you will both have Parental Responsibility for the child if it is born in the Uk - and neither of you has more rights than the other - but these only start when the baby is born.
Whichever of you Registers the birth can chose the name the child will have.
You cannot be prevented from going to Poland before the baby is born and if the baby is born there it is Polish family Law which will apply - unless you bring the baby back to the UK and the baby lives her for more than six months
If the baby is born in the UK and the father has Parental Responsibility then you will need either the father's permission or a court order to remove the child from the UK.
Contact between the father and the child will have to be arranged and it may well begin in a local Contact Centre until he has proved capable of caring for the child properly.
The short length of your marriage means he has no claim on your assets in Poland.
I hope that this is of assistance - please ask if you need further details
Clare

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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