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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is having an affair and has admitted this. Currently

Resolved Question:

My wife is having an affair and has admitted this. Currently my wife, 3 Year old daughter and myself are all residing in the family home (Rented Accommodation).
My wife has proposed we remain in the marital home for the next 12 months but lead separate lives. I'm not keen on this idea and need to take into account the welfare of our daughter.
My question is, if i propose she remains in the home & I move out or vice versa and we have shared custody of our daughter 2 - 2 - 3 set up. Is anyone required to contribute to the wife/husband rent/bills as it's a shared arrangement ?
Any other information on this situation would be greatly appeciated? I want to make sure I don't jeopardise the relationship held with my daughter.
Many thanks
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

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

What income do you each have?

Customer: replied 5 months ago.
Myself £60K
My wife £75KI notice the Call Me button on the website. Is it easier to speak on the phone ?
Expert:  Clare replied 5 months ago.

Please be aware that the site charges extra for phone calls.

In your position there is no Capital to divide and Spouse maintenance is not an issue.

You are sensible in understanding that remaining in the same property but living separate lives will not work for your daughter.

If you are going to share her care equally then no Child Maintenance is payable either - provided it is indeed a 50/50 split.

There is no reason why one of you cannot move out and on - but they do need to seek a written confirmation that the remaining spouse will not default on the rent - unless the Landlord will release then from the Tenancy

I hope that this is of assistance - please ask if you need further details

Customer: replied 5 months ago.
Scenario 2 : If my wife leaves the marital home & takes our daughter to live elsewhere, what legal rights to I have ?If I move out does it make sense to draw up a legal document regarding the arrangement ?
Expert:  Clare replied 5 months ago.

You both have parental responsibility for the child and the right to have her in your care.

You should try and discuss matters with your ex using Family Mediation

www.familymediationcouncil.org.uk

and agree a Parenting Plan

Customer: replied 5 months ago.
Mediation is booked in next week but i just wanted to know where i stood legally should my wife decide to just leave with our daughter and move in with the gentleman she has been having the affair with.
Customer: replied 5 months ago.
Also we had a planned family holiday to Hong Kong next month to visit my family (Brother) . Has my wife got any legal rights not to allow me to take our daughter ?
Expert:  Clare replied 5 months ago.

You have equal rights - am

nd that means i am afraid that neither of you can tak ethe child out of the Uk without the agreemnet of the other parent or an Order from the Court

Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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