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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34107
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'm in a marriage I don't want to be in, due to continuous

Customer Question

Hi,
I'm in a marriage I don't want to be in, due to continuous strains over a number of years I've become very unwell and am now a recovering alcoholic.
I want to get out of my marriage but have four children whom of which my husband is saying that he will take away from me.
We have a home, I am not on the mortgage and unwilling to leave my children. At present I am a full time student so am not earning.
Can you advise on where I stand legally?
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old are the children

Customer: replied 9 months ago.
7,6,4 and 2
Expert:  Clare replied 9 months ago.

Who has the day to day care of the children?

Customer: replied 9 months ago.
Myself
Expert:  Clare replied 9 months ago.

I am afraid I have to ask - when were you last drinking?

Customer: replied 9 months ago.
Last week
Expert:  Clare replied 9 months ago.

Who helps you care for the children?

Customer: replied 9 months ago.
When studying I have family members that collect from school/nursery
Expert:  Clare replied 9 months ago.

Is your husband active in their care?

Customer: replied 9 months ago.
he is very much so
Expert:  Clare replied 9 months ago.

How much is the house worth and how much is outstanding on the mortgage?

what other assets are there and what income does your husband have?

Customer: replied 9 months ago.
The house is worth double what we paid, I do not know what is outstanding unfortunately. There are no other assets other than the car. My husband wanted 38k last year
Expert:  Clare replied 9 months ago.

How much is th ehouse actually worth and what is your best guess on the outstanding mortgage?

Customer: replied 9 months ago.
500k and maybe 190k left
Expert:  Clare replied 9 months ago.

At present the risks you face are not the financial ones but the simple fact that your history of drinking means that your husband will almost certainly be successful in any applictaion for the children to spend more time in his care than in yours.

I am sorry to be brutal but it is important that you know this.

If you wish to keep the children in your primary care then you need to have been completely dr for at least 6 months.

At that point you would have an excellent chance of arguing that the chidlren spend at least as much time with you as with their father - if not more

At that point the housing needs of you and the children will have priority so far as the family court is concerned with you either remaining in the current property - or it being sold and you having sufficient funds to purchase an alternative one

You will also be entitled to Child maintenance - 19% of his gross income at most

Please ask if you need further details

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