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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1371
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband is emotionally abusive towards me. I am thinking

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My husband is emotionally abusive towards me. I am thinking of getting a divorce. My main concern is that I have a 9 month old daugther. If I get a divorce, will I be able to move back to my home country, South Africa with my daughter. My husband will fight me on this and he will want to have full custody of our daughter. How will I prove in a court that my husband is emotionally abusive, that I want full custody of my daughter, move to South Africa permanently and get him to pay a monthly maintenance? Thank you.
Hello Welcome to Just Answer I am a Solicitor and will assist you. I am sorry to hear about the difficulties that you are expereincing with your husband. Please may I ask: - are you still living together?- please provide some detail in respect of the emotional abuse you have suffered. Kindest Regards Caroline
Customer: replied 2 years ago.
Yes, we are still living together. He gets very angry very quickly and will then threaten to beat me up, although he hasn't yet. He accuses me of being disrespectful when he is actually making snide and disrespectful remarks. He has even said things like he is the boss of me and I should be submissive towards him.He has also threatened to take his life if I should leave him. He cuts me off and doesn't listen to me or give me a chance to speak. He's not even bothered when I tell him something and will just login to Facebook and not listen to a word I'm saying.He has lately even started to pull me on my arm when he gets angry. I get the idea that he actually likes the fact that I'm afraid of him. He must be confusing fear with respect.
Hello Thank you for your response. My sincere apologies for my delay in responding to you today as I have been at Court. I am so sorry to hear about how your husband has been treating you. There are a few different parts to your question - so I will try and break this into parts for you. Divorce As long as you have been married for at least one year - then you could petition for divorce if you wanted too. The so called 'quickie divorce' is a petition based on your husbands unreasonable behaviour. This is subjective and would involve you choosing 6/7 reasons as to hwy you can no longer remain married to your husband. Finances If you did choose to get divorced then you can make a claim in respect of the matrimonial finances. The matrimonial finances included all matrimonial assets. If your husbands earning capacity is higher than yours - then you can ask for spousal maintenance. Relation with your child to South Africa As you are married - your husband holds parental responsibility for your child. This means that you cannot relocate to South Africa with your child unless your husband gave permission. If your husband will not give permission then you will need to get permission form the court instead. If you were to leave without taking such steps then your husband could seek for your child to be returned to the UK and you could also be charged with Child Abduction - which carries a sentence of up to 7 years in prison. If your husband wont agree then you will need to convince the court that the move is in your child best interest. The court will also consider the effect that the move will have on the time that your child spends with their father. Legal aid is still available if you have domestic violence evidence and you qualify on means. Given what you have said about your ex treating you - it is worth taking this letter to your GP - if your GP considers that you are suffering with a condition such as stress as a result of your ex's behaviour towards you and they complete the form for you - take it to a legal aid solicitor so that they can assess your means: If you qualify they will be able to help you in respect of divorce, finances and children. If matters escalate in the mean time - then call the police - especially if you husband makes any threats towards you. Please do not hesitate to ask if I can assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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