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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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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: 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
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. 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 3 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 3 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 3 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 3 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: 34288
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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