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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6175
Experience:  LLB (Hons)
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I want to get divorce, no not yet, because it is not clear

Customer Question

hello
JA: Hi. How can I help?
Customer: I want to get divorce
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: no not yet, because it is not clear yet if we will get divorced in the UK or Turkey we got married in Turkey
JA: Have you talked to a lawyer about this yet?
Customer: no, could you please help me
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have a 4 years old son, we are living in UK for 2 years
Submitted: 19 days ago.
Category: Family Law
Expert:  SASH_Law replied 19 days ago.

Hello, how are you today? 



My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.


Please confirm that you have read and understood this message and then we can begin.

Customer: replied 19 days ago.
hello
Expert:  SASH_Law replied 19 days ago.

Hi

What is your query about divorce?

Customer: replied 19 days ago.
I want to get divorce but I am trying to understand if it ibetter to get divorce in UK or in Turkey
Customer: replied 19 days ago.
I have 4 years old child
Customer: replied 19 days ago.
I want full custody but my husband want shared parental responsibility
Expert:  SASH_Law replied 19 days ago.

Where are you resident?

Customer: replied 19 days ago.
London
Customer: replied 19 days ago.
we discuss and argue a lot that is why I don't want to have shared legal rights on my child. because it wouldn't be easy to have a decision
Customer: replied 19 days ago.
how would it be possible if I get full custody for legal rights and he can spend time with my child in agreed times
Customer: replied 19 days ago.
does it still covered in shared parental responsibility?
Expert:  SASH_Law replied 19 days ago.

You already have the exact same parental responsibility as the father, and he the same as you. That won't change on divorce.  The child arrangements are done separately to the actual divorce in any case, so if you cannot decide how to split the child's time between you, one of you will have to apply to court for a child arrangements order.  You can only do that here in England, as you are all habitually resident here. The Turkish courts have no jurisdiction over that.

Customer: replied 19 days ago.
but we get married in Turkey in 2014
Customer: replied 19 days ago.
actually may I ask that should we always agree on critical decisions toogether if get divorced in UK?
Customer: replied 19 days ago.
My husband is very agressive and it is hard to get an agreement
Customer: replied 19 days ago.
what do you suggest for me?
Expert:  SASH_Law replied 19 days ago.

It doesn't matter where you married when it comes to the child. What matters is where you are habitually resident, which is England.

The divorce has absolutely nothing to do with the child arrangements. They are two separate legal proceedings.

Divorce: www.gov.uk/divorce

Child arrangements: www.gov.uk/looking-after-children-divorce

Customer: replied 19 days ago.
ok so with child arrangement court: would it be suitable to have more rights than my husband?
Expert:  SASH_Law replied 19 days ago.

You will never have 'more rights' than your husband. In the eyes of the law you both have the exact same parental responsibility.

Customer: replied 19 days ago.
is the custody defined by court?
Customer: replied 19 days ago.
divorce court?
Customer: replied 19 days ago.
what are these responsibilities?
Customer: replied 19 days ago.
for example should I receive a written permission for school, residential adress, holiday flights etc?
Expert:  SASH_Law replied 19 days ago.

Please read the links.

Customer: replied 19 days ago.
If I want him to have contact rights only, what should I do?
Expert:  SASH_Law replied 19 days ago.

Sorry, that's not how it works.  You both have the same parental responsibility. If you cannot decide between you how to split the child's time, then one of you applies to court for a child arrangements order and a judge will decide how to split the time.

Customer: replied 19 days ago.
I bought a property before marriage, I paid cash most of it and paid mortgage for 2-3 years after marriage. what happens in case of divorce?
Expert:  SASH_Law replied 19 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.


Please note that there is no need to respond to this message.



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