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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello.my name is XXXXX XXXXX Russian and have been married for

Resolved Question:

Hello.my name is XXXXX XXXXX Russian and have been married for one year with British citizen.we live in uk for nearly 2.5 years now.having a baby 3 months old.thigs are very difficult between us and there is a huge misunderstanding which brings a lt of scandals to our relationships.he told me tht the only way we have is for him to write a contract where says tht he leaves all the money he got as managing director to his four children (2 don't live with us as from previous marriage And other one is my step daughter from his civil relationship,another one is my son),he said tht I came here to rob him and get benefits but in fact I came and married him cause of love.now he wants me to sign contract to stay with out money at all from him in case of divorce,otherwise he will apply for divorce..he took baby's passport and refuses to apply for Russian citizenship for a baby and I no longer can visit my family in Russia..he told me tht he is gonna cancel my uk visa and live me with baby.
Now pls.i need ur advice and I would like to know my rights.will the cort leave the baby to me after divorce or as I don't have money , baby is gonna stay with his father.and if he stays with me so where exactly we will stay here or in Russia ?
I have been at council and at citizen advice office and they said tht I need to get the advice from u as it's legal question
Thank u for reply
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
Who owns the property that you live in?
Do you consider the marriage to be at an end?
Clare
Customer: replied 3 years ago.
Hi.its my husbands property.i only own my car. I can't consider the marriage is at the end
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth an dhow much is outstanding on the mortgage?
How much does he earn
Clare
Customer: replied 3 years ago.
He is a managing director of the security company.the house is bought with busyness so it's about(NNN) NNN-NNNN both.the house alone maybe about(NNN) NNN-NNNN. As he said to me he no longer gets any contract and that job is finished.so,don't know exactly how much he gets from it now.but 3000 £ from it monthly for sure,1500£ from it he pays to his daughters mother by low.this is what I know from his words.he doesn't tell much about his money to me.i know he also has a flat in london and rents it to pay debts
This is all I know
Expert:  Clare replied 3 years ago.
HI
Thank you for that - what would you like to know?
Clare
Customer: replied 3 years ago.
As I already said,I would like to know my rights as a foreign wife of British citizen;-in case of divorce whom with the baby stays?.-which country we will have to live if the baby stays with me?
Also he is gonna make a contract which says tht I am not pretending on money after divorce.and if I won't sign it he will apply for divorce.
What do I need to do?
Expert:  Clare replied 3 years ago.
Hi
Who currently has the day to day care of the child and what is your current immigration position?
Clare
Customer: replied 3 years ago.
I am with baby 24 hours per day.husband is leaving home at 7.30,pops up twice per day to look at the baby and goes back to office.after he goes to jym at 5 and comes back for diner about 6-7.I have got uk spouse visa for 3 years till 2016
Expert:  Clare replied 3 years ago.
Hi
Since you have always had the day to day care of the baby then there is no doubt that in the event of a separation then YOU would retain the day to day care of the child
You could apply to the court for the right to return to Russia with your child if you so wish - or you can stay here in the Uk in your current home WITHOUT your ex
He will have to pay Child maintenance and spouse maintenance as well
So far as anything he wants you to sign is concerned it would not be valid since you would have been forced to sign it.
I hope that this is of assistance - please ask if you need further details
Clare
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