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: 33951
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

I would like to know how the law stands. My husband who walked

Resolved Question:

I would like to know how the law stands. My husband who walked out on me and the children age 13 and 11 on 5 January 2014 has finally asked for a divorce but he wants me to admit to adultery since August 2014 I am not prepared to do this. He has on the other hand been seeing a woman since January when we spilt. He is a cocaine and alcohol user as the tests he has had were positive until end of October 2014. I would also like to know how he is allowed to have my son living with him since end of September? My daughter lives with me in the matrimonial home which is in his name and hasnt paid the mortgage for 5 months. So where do I stand within the property? He also had his own company which he is slowly winding down or transferred to someone else and pleeing poverty by going on Job Seekers in the last month so he will and does not have to give me spouse and child maintenance. i am not working due to the stress and suffer from back pain so under doctors certificates. ive been told if I do work I will end up have to be paying him maintenance and his solicitors costs for divorce. is it better to prolong the divorce and go for a legal separation? Please could you give me some free legal advice on the questions I have asked. Thank you Soraya
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 old is your son and why is he living with his father?
Do you wish to start divorce proceedings based on his Unreasonable behaviour?
How much is the house worth and how much is outstanding on the mortgage?
What did his company do?
Clare
Customer: replied 2 years ago.

My son is 13 and has been having behaviour problems at school for the last 2 years so this year I got him into another school which improved his behaviour for a while. He wanted to live with his father who is living in a friends house in one room with my son. My son wanted this as I restricted him from going out and devices if he misbehaved and the father lets him get away with things easier.

My ex husband wants to start divorce proceedings so I will too. But he wants to on the grounds of Adultery which is not true. We have been separated for 11 months now so would it be classed as adutlery, he is seeing someone and has been ever since we split up.

The house is worth £350,000 mortgage outstanding £45,000 with charges on the house of £25/30,000 incurred by him.

His company is a groundwork company (construction building)

I would also like to know if I did start to work would I be liable to pay for his part of divorce and can he demand maintenance form me?

Customer: replied 2 years ago.

Would it affect any of my rights before divorce if i changed my name to my maiden name.

Expert:  Clare replied 2 years ago.
Hi
Are YOU willing to divorce him?
How much would a three bedroom property in the same general area cost to buy?
How is your son managing at school now he is staying with his father?
Clare
Customer: replied 2 years ago.

Yes willing to divorce him but I want him to pay divorce ( how can I do this)

A 3 bed house will be around £300,00 or 2 bed apartment £200,00 £250,000.

My son has still been in trouble at school since father within 2 weeks of my son being with him he was smoking cannabis at school and got caught.

Do I need a solicitor to do a C2 Application to get my daughters passport back?

Expert:  Clare replied 2 years ago.
Hi
Do you wish to remain in the property and what income do you each have at the moment?
Do you wish to have your son return to your care?
Clare
Customer: replied 2 years ago.

Yes I do wish to remain at property

Have no income at the moment only ESA and he has job seekers

Eventually I would like my son back once hes on a behaviour management course

Do I need a solicitor to do a C2 Application to get my daughters passport back?

Expert:  Clare replied 2 years ago.
Hi
Are you intending to take your daughter abroad - is that why you need the passport urgently?
Clare
Customer: replied 2 years ago.

yes on a xmas holiday as my family is abroad

Please would you be able to answer my questions as I have answered so many of yours#

Thank you

Expert:  Clare replied 2 years ago.
Hi
If you are having an intimate relationship with someone else then yes it is adultery
However is not easy to prove a divorce based on Adultery - provided you do not admit it in writing so do not do so.
Instead offer to divorce him provided he pays the court costs.
Alternatively say that you will only agree to a divorce on that ground if he does NOT claim costs
he cannot force you to sell the house until your daughter is 18 or you cohabit - and at that point I would expect you to receive a larger share of the equity to reflect the fact that you have paid the mortgage - maybe 65/35 in your favour
You can return to work - yes you MAY have to pay child maintenance - but from what you have said it is unlikely that you son will be allowed to stay with him for any length of time in any event
You are NOT likely to have to pay his divorce costs - or spouse maintenance
With regard to the passport you need his permission to take the child abroad in any event so you need to discuss this with him using Family mediation
www.familymediationhelpline.co.uk
If that fails then you will have to apply for a Child Arrangement Order using a form C100 and ask for a Specific Issue Order as well relating to the passport
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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
Customer: replied 2 years ago.

Thank you for your help I have a few more questions but have to get them together first for you to view and answer thank you

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.

Hello Clare I wonder how can I find out as my husband hasnt been paying the mortgage for 5 months where do I stand the mortgage only in his name. How do I find out if it could be reposessed I dont work so cannot take over the mortgage. Do I apply for housing benefit so they can pay?

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Does he pay child maintenance?
Clare
Customer: replied 2 years ago.

the house is worth £350,000 outstanding i think is 49,000

no he doesnt pay child maintenance

Customer: replied 2 years ago.

The mortgage company dont talk to me as my name is ***** ***** the mortgage. my astrayed husband wont inform me of whats happening and how long he hasnt paid the mortgage.

What r my rights? I have a notice on the land registry to say im his wife living tenant in the house.

Can I put a charge on the house?

Expert:  Clare replied 2 years ago.
Hi
Have you asked his solicitor what the position is?
Clare
Customer: replied 2 years ago.

no not yet

Expert:  Clare replied 2 years ago.
HI
That is your starting point.
However if this is not successful it would be wise to issue a Divorce Petition and within the proceedings make an urgent application for the financial issues to be dealt with.
Unfortunately since the house is in his sole name there are no benefits you can claim to pay it
Clare

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.co.uk/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.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/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.co.uk/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.co.uk/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.co.uk/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.co.uk/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