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who normally looks after the children? Is there any DV?
domestic violence from her to you
do the kids want to stat with you or her?
Ok. The key is really where the children would want to stay as from the court's perspective this would be key - for them to have a home. Even if the house is in your name as you are married your wife has rights and as such the children will be key as to the issue of the property.
It would depend if you were planning to get divorced really.
Then you would have to split the assets between the two of you
Do you have any further questions? Please also rate positive.
Got you. Come back as necessary but please rate positive.
My name is ***** ***** I have been a solicitor for more than 35 years
The position is that your wife has Matrimonial Home Rights and you cannot force her to leave.
You can of course ask her to do so - but if she takes advice she will be told that she can return AND that because you made her go she can apply for an order forcing you to leave so that she can live there with the children.
The best way forward is to attend Family mediation to discuss how the separation should move forward.
At 15 your eldest child can decide which parent he lives with - at 11 your youngest has some say but not necessarily the final word.
If the children live with her you will have to pay child maintenance and since you earn and she does not then you are likely to be liable for spouse maintenance in the short term.
I am delighted that my colleague has agreed with me in this regard; although I would point out that the court would very rarely seek to split the two children so the position of the 15 year old is key.
I hope that answers your question. Please ask anything as necessary.
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In fact the ages of the children mean that the court ould have few concerns about separating the children - so please do not rely on the wishes expressed by the eldest