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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What happend when I as, if my husband and me didn't

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What happend when I as for divorce, if my husband and me didn't agree with the new name for our son. He is from Senegal, I am his sponsor and our son has at the moment just birth certificate. All papers I have to sign whit my husband. If he refused how can I get papers for the divorce where to go for help??? How I can pay my bills? My son is just 11 month old.

The divorce will not impact his parental responsibility and you need his agreement to change your child's name even after divorce.

What fact are you applying under for the divorce?

Customer: replied 1 year ago.
We got married after he was telling me that he's papers are false and he is now illegal migrant. I was 6 month pregnant. I got scared that he will be deported to Senegal and I will lost my work and must say I was naiv and fully fall in love with him. I think the he is playing someone who I just now really start to seeing. He's word is full of inconvenience and no responsibility at all. I am afraid that my son will be between us in argument's.

Have you proceeded with a divorce and has an application been issued?

Customer: replied 1 year ago.
Not yet. I needed information about it before I go for it.

Thank you. How long have you been married and why did the marriage breakdown?

Customer: replied 1 year ago.
We are married 10 month, the marriage came from the background of my husband. I got pregnant and we got married after our child born. He is now trying to get us married in the mosque but my parents are not allowed us.This is not valid for him and he is now not sleeping or touching me at all, because of Ramadan. I have been trying to do it right. He is refused to be whit me after the Ramadan, until I didn't get from my parents permission. I am sorry for him. When I was single he was doing so much afford to be a good boyfriend and make sure that we have everything. Now I am sure that he wanna go out of this situation, but his life did not went to well. I thought it was me who are the wrong all the time. I need to know what happened whit him after we get divorce. If he can stay still in the country? If he is still responsible for us, me and our son? How long will takes to get separate? If I have to call the home office?
Customer: replied 1 year ago.
I am trying to think in the future. I have my son, I need to be sure before I start the divorce. Any information about how to get the papers done? Now he is paying for the house and the bills. I paying for the council tax and for the leaving. Anything for our son.

Thank you. Firstly you cannot pursue a divorce unless you have been married for at least 1 year. After one year you will be able to apply for divorce, however it can initially only be under unreasonable behaviour or adultery (which he will need to admit to). Unreasonable behaviour will need to be anything he has done which has led to the irretrievable breakdown of the marriage. You can find more information on the process here:

Furthermore, as part of the divorce, if there are matrimonial assets or if you are unable to support yourself financially then you can apply to court for financial relief from him. Initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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