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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33283
Experience:  25 years experience of all aspects of family law
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I am a British citizen, 46 years old, my wife is Russian

Customer Question

I am a British citizen, 46 years old, my wife is Russian citizen, 26 years old and my stepdaughter is Russian, 6 years old, they both are here in the UK on a temporary residence permit expiring on may/2017, my son is 1 year old and he has been born here in the UK and is a British citizen.
I own a house on a shared ownership scheme and I have a mercedes car 2015, and some savings.
One day I took the house keys off her and she went out with our children for a walk around 1 pm and never show any signs until 8 at night and did not wanted to say where they were.
I did call the police and explained the situation and that I took her house keys because we had an argument, they explained me they will search for her, an hour later no updates
I was scared that she might have taken my son off my life and I looked for my son's passport so I kept it with me.
I was detained and taken to the police station for 24 hours, being interviewed and later release on conditional bail.
my wife has declared that I have hit her with a towel on the head in one occasion and in another occasion a slap on a shoulder and that I have broken her laptop, besides that she says that I have given her no access to money and friends and that I was controlling her life; she has added 3 photographs for every incident, for the first one a bruised on her upper arm slightly although she had declared I hit her on her head; the second photograph is the broken laptop, and the 3 one is a mark on one of her shoulders that looks like a hand slap.
On the interview I have declared that regarding the assault accusation, I have declared that we were having an argument and it was a moment when both our tempers were tense so I had throw the towel towards her unintentionally, I did also explained that I did apologized to her for that.
regarding her second photograph about the broken laptop she has declared that I did that right after an argument. in fact we had an argument that day but then I went downstairs to a room were I was alone and accidentally I moved her laptop and fold down from the table to the floor and the screen was broke, so I did apologized to her for that and I took the laptop for repairing and this was not possible to replace the screen so I bought her a new one and transferred all her data into the new one.
The last photograph I didn't remember that incident happening so I declared that I did not know what happened that day, she said I did that in front of our daughter in the table.
I explained that I would have never done anything like that in front of our children as I have been always the one asking them that we do not have to have an argument in front of the children.
I have never ever have a problem with justice and never detained or accused of anything in my life, this is the first time I am facing this kind of situation which is very shocking and stressful.I have also explained that I gave her a bank card nearly after she came over to the country so she has acces to money, besides there was always over 1 thousand US dollars or pounds at home on a place she always knew and she could take that in case needed, I gave her regular money every two to 3 weeks for her to spend on anything she wanted, me no questioning anything.
and that every friday we all go to a supermarket where I buy everything we need for the week, and also during the week I ask her if she needs anything so I get also extra things during the week.in regards ***** ***** I pushed her to meet people and get to know mum's clubs, she met russian speakers mum;s club, school mum's clubs, english as foreign language lesson's club and also meet very often almost everyday with friends she had made which I do not know who they are and where do they live, she barely talk about them.
I have introduced her to my friends and went out with few, couple of weedings too and other social events.Now that I have been released on conditional bail, I have been told not to contact her direct or indirectly, and not to get closer to our daughter's school, and they gave me a date to go back to the police station, next month.My questions are:
during the unconditional bail period (30 days), can I ask them to give me access to see my children and spend time with them??what could be the outcome of this? would I be prosecuted, fine? how does that work?what will happen with my house and assets, everything is on my name only and we have been married and living together for 1 year and a half approx.?I really don't know where I stand now, so please any advice is very welcome.
regards
Lucas
Submitted: 9 months ago.
Category: UK Family Law
Expert:  Clare replied 8 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the property worth and how much is outstanding on the mortgage?

What income do you have?

Customer: replied 8 months ago.
Hi claire, the shares I own are worth Approx 135k and still outstanding mortgage of 60k
Income is 20k per annum. Savings 40k
Hope to hear from you soon, thanks
Expert:  Clare replied 8 months ago.

Does your wife work if so what does she earn?

Customer: replied 8 months ago.
She is not working, the mortgage is on my sole name and it was long before we got married.
Thanks for your help
Expert:  Clare replied 8 months ago.

How long have you lived together in total?

Customer: replied 8 months ago.
living together first + married = 1 year and 10 months
Expert:  Clare replied 8 months ago.

I am a little confused - are you on Conditional or Unconditional bail?

Customer: replied 8 months ago.
i am in conditional bail, cannot contact her for a month
Expert:  Clare replied 8 months ago.

There are two issues here - your seeing your child - and what will happen to the house is the long term.

With regard to your child you need to ask for the Bail conditions to be changed to allow you to instruct a solicitor to contact your ex to arrange

contact.

Your child is entitled to ocntact with both parents - although you may have to accept contact at a local Contact Centre for a few months before it move on.

The house issue is less positive I am afraid.

If your ex remains in the UK with the children then she will be able to remain in the matrimonial home until the youngest child is 18 or your ex cohabits, at which point it will be sold and the equity divided between you.

I am sorry not to give better news - please ask if you need further details

Clare

Customer: replied 8 months ago.
What would happen if I divorce her now?
Expert:  Clare replied 8 months ago.

The same I am afraid

Customer: replied 8 months ago.
Can the house be sold so then we divide?
I would not have a place to live, I am 46 years old, getting a mortgage will be almost impossible
Expert:  Clare replied 8 months ago.

I am afraid that the housing needs of the children are the priority for the court so an order for sale is unlikely to be made

Customer: replied 8 months ago.
Ok. So who will pay the mortgage and rent?? She could not afford on her own.
I found that result very unfair for both of us
Expert:  Clare replied 8 months ago.

You will have to pay child and possibly spouse maintenance - and she will have to get work as well and pay the bills from that

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