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Joy Nicholas
Joy Nicholas, Lawyer
Category: Family Law
Satisfied Customers: 2447
Experience:  Lawyer
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My wife and I are separating and I need advice on custody \

Customer Question

My wife and I are separating and I need advice on custody \ access of my children
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I have moved out and staying with my Dad temporarily
my wife is currently denying me access
we co own our home
my wife is removing my belongings from our marital home
Expert:  Joy Nicholas replied 1 year ago.
Hi, thank you for your message. Can I confirm where are you based?
Customer: replied 1 year ago.
Bournemouth , South England
Customer: replied 1 year ago.
Thank you for your response. Unfortunately I am not in a position currently to spend £44 on a phone call, could we please just continue this online. Thank you.
Customer: replied 1 year ago.
I just need to know what options are available to me to resolve my situation. I do not have the funds to engage a solicitor, much as I would like to, hence my request for some help to point me in the right direction. Ideally I need to know what my rights are in this instance, particularly in reference to the marital home and to access to our children. Thank you again.
Customer: replied 1 year ago.
It seems that you are only interested in getting me to pay a further £44 for a live phone call rather than honour your advertised “unlimited” online chat. My review of this website will reflect this.
Expert:  Joy Nicholas replied 1 year ago.
Upon separation you will need to determine your matrimonial assets and your non-matrimonial assets, as it could make a difference to your Financial Settlement. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. Non-matrimonial assets typically include things like inheritance, family businesses and property purchased before the marriage or after separation. Matrimonial and non-matrimonial assets matter when it comes to divorce and separation because you and your ex will need to divide your finances between you. The arrangement that you reach must be fair and reasonable to each person. Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. Non-matrimonial assets are a little more complicated. Often you can request that they be excluded from the Financial Settlement. But this request might not always be granted. This might be because the non-matrimonial asset was used somehow in your marriage. The starting point is a 50/50 split. In regards ***** ***** children I would advise you to seek a child arrangement court order such an order can set out who looks after the child and when. Such an order once made can be enforced if it is breached. In order to do this, you will need to arrange for and attend a mediation appointment with your ex first to see if an order can be agreed. Even if you and your ex end up having to go to court to sort out the differences, you will normally need to prove that you’ve been to a mediation information and assessment meeting (MIAM). This is an introductory meeting to explain what mediation is and how it might help you. If your ex doesn't want to see a mediator, you should go to the MIAM on your own. You’ll then be able to prove you’ve tried mediation if you later want to go court. You can’t force your ex to go to mediation. In order to find a mediator you can use this link on the Family Mediation Council website here: https://www.familymediationcouncil.org.uk/find-local-mediator/
You’ll normally have to pay about £30 for an MIAM, although sometimes this first meeting is free. Follow-up sessions usually cost you and your ex about £80 each - most people need to go to 3 or 4.
The cost of mediation varies depending on where you live. Phone around to find the best price, but bear in mind the cheapest might not be the best.
If the MIAM does not work and you not able to agree to mediation you will need to go to court. This will require you to fill out form C100 which can be found here: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge
You can find guidance on filling out the application here: https://www.gov.uk/government/publications/family-court-applications-that-involve-children-cb1
Send the original form and 3 copies of it to the nearest court that deals with children, you can find your nearest court here: https://www.gov.uk/looking-after-children-divorce/apply-for-court-order
The application will cost £215. If you want to find a solicitor to assist with this process and represent you at the hearing you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case family law.
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