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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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My husband whom left the family home on July 8th 2015 is

Customer Question

Hi there my husband whom left the family home on July 8th 2015 is asking for a divorce but after all of the stress I've had since he's left and my dad having cancer during this time I don't want to have to deal with the divorce until 5 years. Do I have to agree to it? He also wants to take my son who is five years old to Australia on holiday but I have many concerns about this, do I have to let him go? We also own a property which myself and my son are still living in and he wants to sell it but I don't. We are both named on the mortgage and title deeds, do I have to move? I'm currently not working and receive child tax credit and Jobseeker's Allowance as well as child benefit
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 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 contact does he have with the child at the moment?

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

Why do you wish to remain married?

Customer: replied 4 months ago.
Hi Clare,
Thank you for your response. In answer to your questions;Cameron currently sees his father on a Weds and a Friday and alternate weekends. This is something that had been agreed between us and nothing legal is currently in place. I have reservations about the current arrangement though as Cameron is showing a lot of resilience in going to stay with him.
The house is worth approximately £180,000 and there is approximately £90,000 left on the mortgage.
I wish to withhold the divorce proceedings at present due to at present suffering from stress and depression due to the last two years which have included the separation and my father having cancer.
Expert:  Clare replied 4 months ago.

What is the longest number of nights your son has been away from you until now

How much would a two bedroom property in the same school area cost to buy?

Customer: replied 4 months ago.
Cameron was last with his father for one night on Friday, he has been with myself since and is due to go to his Dad tomorrow but is again showing reluctance to go. He is usually with his father on Weds and Friday nights and alternate weekends. The weekend coming is scheduled as his weekend to have Cameron. A two bedroom property where Cameron attends school is approx £170,000. We currently live 4 miles away from his school
Expert:  Clare replied 4 months ago.

If you do not agree to a divorce based on the five year separation then your ex either has to wait for another three years OR try a Petition based on your Unreasonable Behaviour - it is sadly too easy to do.

So far as Australia is concerned it is an unreasonable request at this stage - there need to be a few holidays here in the Uk first before such a long trip is contemplated.

With regard to the house the priority for the courts is the safe and secure housing of the child until the child is 18 - so there is no basis on which the house will be sold until your son is 18 or you cohabit

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