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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 got married 4 months ago and recently found out that

Resolved Question:

, I got married 4 months ago and recently found out that my husband has been cheating on me and seeing someone else. We have bought house together and we both pay Mortgage. We bought a house in December 2014. We got married in Poland in September 2014. I am polish my husband is english. I have got a marriage certificate. If I will consider divorce where do I stand? To what I eligible to ? I have got text message where my husbands admits that he was cheating on me. Please could you point me in the right direction?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

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?
Did you live together prior to the marriage - if so long?
Are there any children involved and what income do you each have?
Clare
Customer: replied 2 years ago.

Clare,

We bought house in December 2014 for £216,000 we paid 36, 000 deposit and we paid only one mortgage in January 15 which is 750 per month. I lived with my husband together from October 2012 in Stevenage, where we used to rent a flat together and then moved to his place in June 2013 and he sold his house in September 14 and we bought together new place. There is no children involved. We have a dog only :) What are the steps forward Clare. What would happen if I consider divorce? And maybe there are some other ways like separation or different? Thank you Jo

Expert:  Clare replied 2 years ago.

Where did the funds deposit come from?
Clare
Customer: replied 2 years ago.

From the selling of my husbands property

Thank you

Joanna

Expert:  Clare replied 2 years ago.

Do you wish to end the marriage?
How much do you each earn?
Clare
Customer: replied 2 years ago.

I am not sure Clare. He hurt me so much and I don't know what to do forward. My husband is a police officer he earns 38,000per annum and me HR Assistant on 20,000 per annum. Can I end the marriage due to his fault? And claim some compensation?

Thank you

Jo

Expert:  Clare replied 2 years ago.

You cannot issue a divorce Petition until you have been married a year - but after that point you can indeed apply to the court divorce based on your husband's Unreasonable Behaviour
The process is described here
https://www.gov.uk/divorce/file-for-divorce
Since your relationship is a short one you have little financial claim on your ex - but could expect to receive a relatively modest lump sum - say £5,000 and to be released form the mortgage is the property is not sold.
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Clare ,

Thank you . I understand that neither of sides can apply divorce until we will not reach a one year of the relationship status. Does it mean that our marriage is invalid ?

Neither of us by law also can't leave the house? Am I thinking right ?

What if I would like to apply formal separation ?

Thank you

Jo

Expert:  Clare replied 2 years ago.

Your marriage is valid - but in the UK you have to be married at least a year before there can be a divorce.
However there is no requirement both to remain in the matrimonial home and either of you can leave at any time.
If you and your husband can reach an agreement on the finances there is no reason why you should not do that as well
Clare
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