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Clare, Solicitor
Category: Law
Satisfied Customers: 34886
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I want to divorce my husband, I am british and south African

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I want to divorce my husband, I am british and south African and he has indefinite leave in the UK, I want to go back to SA with my daughter who is also on a visa. Can he force us to stay here, I am willing to waive child support, give 2nd weekends to his parents in SA and let her come see him in the UK once a year at his expense(she is 4, when she is 5 BA will allow her to fly with a hostess) are these reasonable terms? Also I want to leave because my family Is in SA and I will find better unemployment and I have been depressed since moving here, so for my mental health I need my family. i am unemployed and solely dependant on him financially so how would i get legal aid

Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question
I am afraid that you need either his agreement or an order from the Court to remove the child from the UK.
Since you are returning home you have a reasonable chance of success - but you may have to offer to fund the contact trip
You are possibly eligible for legal aid but need to see a solicitor within the next six weeks as most Legal Funding ends after that point for new cases
Customer: replied 5 years ago.

thank you for your help, could you refer me to someone in watford. also have read up on legal aid and you need to be on benefits. am not on any because my husband earns a high salary. have asked him for a divorce but he accept my verbal request, he wants to prolong this for another year... so basically have no money or benefits ( besides child benefit)

Legal Aid is means tested but not dependent on benefits.
If you are separating from your husband (which clearly you will be) you will still be eligible - but you must act quickly)
You can find a Family Law Specialist on the website
Clare and other Law Specialists are ready to help you
Customer: replied 5 years ago.

great, thank you very much for you help.

You are most welcome - good luck