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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I are going through a divorce currently and it

Customer Question

My wife and I are going through a divorce currently and it is at the point where the Courts have sent the ‘Certificate of entitlement to a decree’ My wife has stated that she has no assets and will be living in rented accodantion with my 20month old son. I agreed to sign the petition and statement of agreement for children prior to them being served as I had believed that that between my wife and I we had set a firm personal agreement regarding all issues. Recently though I have been made aware that she has secured a mortgage upon a property and intends to move without letting me know where or when.
Where do I stand in regard to my son?
Where do I stand in regard to the documentation I have already signed?
And finally where do I stand in regards XXXXX XXXXX mortgage that she has taken whilst were still legally married.
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Could you explain why you are concerned about this in terms of the divorce and your son?
Customer: replied 5 years ago.



Since I signed the child access agreement my access has become almost nil and it’s becoming harder to converse with my wife. I have also been told that my wife is actively searching for a new job; I believe that her intentions are to move with my son without allowing any contact with me.

With regards to the mortgage I know that finationly she is not in the position to take out such a mortgage and I am concerned if I can be legally held responsible in any way.

Expert:  Clare replied 5 years ago.
My apologies for the delay
The Statement of Arrangements for children is a snapshot of the current arrangements and not a binding document.
If Contact is becoming difficult then you need to discuss matters with your ex using Family Mediation ( and if that fails then you will have to apply to the court for a defined contact order which can then be enforced ensuring your contact with your son.
So far as the mortgage is concerned you are in no way liable for this - although it woudl be reasonable to ask where the deposit for the property came from if she had no assets.
You are of course also entitled to the address where your son will be living
Customer: replied 5 years ago.


Sorry I haven't replied so far as issues have changed here and I intend to contact you again when I have all the infomation go gether. Thank you for your help so far.



Expert:  Clare replied 5 years ago.
That is fine - just elaborate when you are ready to do so