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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My self and my husband have separated about 6 months ago. I

Resolved Question:

My self and my husband have separated about 6 months ago. I was just looking for some advice really regarding his access to our shared property and legal custody of our 6 year old daughter. My ex is currently dating and has been for at least 5 months and would like to introduce said new partner to our daughter and I have said it is not appropriate as she is still very hurt and emotional after he moved out. can I prevent this from happening?
I am trying to remain civil to my ex but he isn't making it easy for me in an already emotional time.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assit you.

Please may I ask:

In respect of your daughter:

- what is the current routine for her spending time with her father?

- Do you have any concenrs about the fathe rof a child protection nature?

In respect of the property:

- is it rented or owned?

- is divorce contempated?

kind regards

Caroline

Customer: replied 1 year ago.
My daughter currently sees her father two nights a week as he agreed when he left the home. his relationship with my daughter isn't great with my daughter not wanting to stay overnight.
I don't have any safeguarding issues with her father.
The property is owned in a joint mortgage and divorce has been discussed but no action taken as yet.
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

In respect of your daughter - it is the position of the courts that children are entitled to a good relationship with both of their parents unless there are child protection reasons as to why this shouldnt happen.

This is the case in your situation - but the courts woould expect that the father is to build up the relationship with his daughter and it can of course be considered confusing for a child if they were to be introduced to a new partner and this relationship didnt work out.

You should try and agree with the father as much as possible - say look to the future say some months down the line - if thier relationship is still subsisiting - then introduction may take place but at your daughters pace.

In respect of the joint property - as joint owners you both have a right to occupy the property. This can hwever be impracticable given that he is now living elsewhere so you may want to start to look to deal with the issues of the matrimonial finances so that the position for the future is certain.

I am going to tell you how the courts look at the division of assets on divorce - as this will give you an idea as to how you stand and how you move forward with the financial matters.

When either person issues for divorce - then either of the parties is able to make a claim in respect of the matrimonial finances.

The matrimonial finances includes all the assets and liabilities for both of you not just the equity in your house - but also pensions, savings etc.

The first step is disclosure - that is both of you have to disclose all of your assets and liabilities. Only once this has truly happened can discussions take place in respect of division.

The starting point of division is equality - that being equal. The Matrimonial Causes Act sets out factors that can lead to the depature of equality these include the future care of children, future earning capacity etc.

If these apply to you - then you need to be seeking a higher share - somewhere around 10 - 20%

If say for example, your husband has a pension - it might well be that your husband wants to keep his pension - which could mean that this could be offset against his interest in the house.

The housing needs of children will be important to a court - so a court is unlikley to order the house be sold unless there is sufficent equity to rehouse you and your daughter in a 2 bedroom property. If your husband is to retain an interest in the house, rather than say offset against a pension or savings or such like - then orders can be made that the house will not be sold so his interest be realised until a certain event occurs - such as you remarrying or your daughter finishing education.

You also need to be aware that if there is a disparity in your income - then you need to be considering a claim for spousal maintenance.

Whilst all the above can be finalised if divorce happens in the future - if this is not currenty contemplated - then a separation agreement should be considered - still dealing with all disclosure and discussions about division.

Mediation can also help you with this as well as with children matters. If you google family mediation in your area - there will be a service local to you. You can then call them to self refer.

Let me know if I can help you further.

kind regards

Caroline

Please kindy remember to star rate our service so that we receive credit for helping you today

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

In respect of your daughter - it is the position of the courts that children are entitled to a good relationship with both of their parents unless there are child protection reasons as to why this shouldnt happen.

This is the case in your situation - but the courts woould expect that the father is to build up the relationship with his daughter and it can of course be considered confusing for a child if they were to be introduced to a new partner and this relationship didnt work out.

You should try and agree with the father as much as possible - say look to the future say some months down the line - if thier relationship is still subsisiting - then introduction may take place but at your daughters pace.

In respect of the joint property - as joint owners you both have a right to occupy the property. This can hwever be impracticable given that he is now living elsewhere so you may want to start to look to deal with the issues of the matrimonial finances so that the position for the future is certain.

I am going to tell you how the courts look at the division of assets on divorce - as this will give you an idea as to how you stand and how you move forward with the financial matters.

When either person issues for divorce - then either of the parties is able to make a claim in respect of the matrimonial finances.

The matrimonial finances includes all the assets and liabilities for both of you not just the equity in your house - but also pensions, savings etc.

The first step is disclosure - that is both of you have to disclose all of your assets and liabilities. Only once this has truly happened can discussions take place in respect of division.

The starting point of division is equality - that being equal. The Matrimonial Causes Act sets out factors that can lead to the depature of equality these include the future care of children, future earning capacity etc.

If these apply to you - then you need to be seeking a higher share - somewhere around 10 - 20%

If say for example, your husband has a pension - it might well be that your husband wants to keep his pension - which could mean that this could be offset against his interest in the house.

The housing needs of children will be important to a court - so a court is unlikley to order the house be sold unless there is sufficent equity to rehouse you and your daughter in a 2 bedroom property. If your husband is to retain an interest in the house, rather than say offset against a pension or savings or such like - then orders can be made that the house will not be sold so his interest be realised until a certain event occurs - such as you remarrying or your daughter finishing education.

You also need to be aware that if there is a disparity in your income - then you need to be considering a claim for spousal maintenance.

Whilst all the above can be finalised if divorce happens in the future - if this is not currenty contemplated - then a separation agreement should be considered - still dealing with all disclosure and discussions about division.

Mediation can also help you with this as well as with children matters. If you google family mediation in your area - there will be a service local to you. You can then call them to self refer.

Let me know if I can help you further.

kind regards

Caroline

Please kindy remember to star rate our service so that we receive credit for helping you today

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