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 Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

HelloMy husband and I got married in Aug 2011 and have

Resolved Question:

Hello My husband and I got married in Aug 2011 and have a 15 month old daughter, we all live together, the house is mortgaged in his name, he works full time, I have almost finished a diploma in counselling. I am very unhappy in our marriage, with him and his interfering mother (no violence). I am considering getting a divorce but am afraid of where this leaves me. My family and friends live in Nottm and we live in Banbury, so I would want to move back home with our daughter. Would I have to go into f/t work? Would I necessarily automatically be allowed to take our daughter with me? Can I change mine and her surnames to my maiden name?  What would I do for accommodation?  Thank you.

Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 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
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 is outstanding on the mortgage?
What other assets are there and what income do you each have.?
If you and the child move what contact would you offer your husband?
Clare
Customer: replied 2 years ago.

Hi Clare

We are currently on the market at £175,000 as we've been trying to move since our daughter was 8 weeks old.

There is approx £90,000 left on the mortgage.

The only other asset is the 7 seater E-reg Ford Galaxy but I can't drive.

My husband earns approx £2,500 per month after tax.

My 'earnings' are £200 per month from my husband and £80 per month child benefit for our daughter.

My husband would have full contact as I don't want to separate them, and I'm guessing visits every alternate weekend. Alternate Christmases and birthdays and every Fathers Day.

Thank you.

Fiona Frown

Expert:  Clare replied 2 years ago.
Hi
How much would you need to purchase a two bedroom property for yourself and the child..
How much could you earn if you returned to work?
Clare
Customer: replied 2 years ago.

Hi Clare

I've had a quick look on the Right Move website and 2 bedroomed houses in Nottingham are around £40,000, albeit in the less pleasant areas.

Before I became a Mummy and counselling student I was an Administrative Assistant earning £900 per month after tax. I last worked in this area in April 2012.

Can I expect my answer now please?

Fiona

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Since you and your husband both have Parental Responsibility for the child you will need to discuss with him what will happen in the event of a Separation using Family Mediation (www.familymediationhelpline.co.uk)
Your husband can apply to the court for an order that you do not take the child away from the current area, but provided you can show that you can and will maintain the contact - and that the move will in fact make your life easier and therefore will be in the best interests of the child then it is unlikely that he can prevent the move.
You certainly will not be able to change the child's name unless your ex agrees.
So far as the financial position is concerned the priority is the safe and secure housing of the child until the child is 18 - so a 60/40 split of the capital in your favour is very likely - possibly &0/30 if you give up any claim to spouse maintenance
he will have to pay 12% of his gross income as child maintenance at most.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters