Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been married?-Do you have any children together, if so their ages and proposed arrangements?
-Is the home owned or rented?-Whose name is ***** ***** in?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
What is the agreement you have with him - is it a court order or a privately arranged agreement?
Thank you. Unfortunately, the agreement will not be enforceable as it is not court approved. However, arising out of the marriage you are entitled to claim spousal maintenance if you cannot support yourself - you can do this without having to pursue divorce proceedings.
In relation to the property, the legal position is that he is entitled to occupy the home both by being a joint tenant and also arising out of the marriage and this can only be restricted if there is a court order excluding him from the property.
In the circumstances I would suggest that you first attempt to speak with him about these issues and if this does not progress matters you should consider making a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in both your and the children's best interests.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.