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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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I am considering a 2 year separation from my husband of 17

Customer Question

I am considering a 2 year separation from my husband of 17 years. we have 2 very talented and wonderful girls aged 10 and 13. I am not happy and want to live my life in a more light hearted way and make my own choices. I am not working at present (for 18 months, following my father illness and death) My mother is leaving the family home of 47 years to live in the same town as us ) (there has been much stress attached to this I want the best for my brilliant mature 10 and 13 yer old daughters but I no longer wish to be married. What are my legal rights? There have been no affairs or abuse (as far as I am aware) We are going to relate in august but my mind is practically made up anyway. Please help? many thanks
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 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

What is it that you would like to know?

Customer: replied 8 months ago.
I just want to know what my rights are regarding money and the children. Our home is jointly owned with a mortgage with approximately £80,000 equity. Do we have to be separated for 2 years before I can file for divorce? Thank you
Customer: replied 8 months ago.
Also what constitutes legal separation? especially if you are both living under the same roof? We have separate bank accounts and 2 joint accounts for bills and everyday expenses. We have not shared a bed or a bedroom for approx 9 years.
jo redding
Expert:  Clare replied 8 months ago.

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

What other assets and debts are there

What income does your husband have and what is your earning potential?

Customer: replied 8 months ago.
my husband earns £72,000 a year. I am a qualified book keeper but am not up to datprox e. I am currently a history undergraduate. Our house is worth approx £310,000. We have approx £80,000 equity. If i return to full time work, which I intend to do, I could probably earn approx £22 or £23000 per year.
Customer: replied 8 months ago.
my husband has a credit card, I don;t know what the outstanding debt is, approx £5000? I only have a £150 overdraft with Lloyds.
Customer: replied 8 months ago.
I have asked a couple of questions late at night about divorce. I have not had any satisfactory answers at all and have paid £31. To my utter horror I note that you have just taken another payment of £31 from my account! What sort of set up is this? I do not need this type of added stress at this time. Please confirm instantly that these payments will be refunded to me? I have not received one jot of advice and you have now charged me £62!!!!!
Jo Redding
Customer: replied 8 months ago.
Furthermore you are asking me to pay another £44 just to call you?!!!!
I would like a refund of £62 on the basis that NO advice has been received. I am extremely angry and will take this matter to a real solicitor if you do not respond.
Jo Redding***@******.***
07766 666216
Customer: replied 8 months ago.
ok now I have just tried to cancel my membership and it has already been cancelled? Why then did you take another£31? I did not realise in any way, that I had signed up to a membership!!!Please respond!
Customer: replied 8 months ago.
I am going off line now but expect a response by email in the morning. I will take it further, this is outrageous and I expect a full refund. Please contact me by email or text.Jo Redding***@******.***
07766 666 216 (text only)