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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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My wife wants to move out our home and live with our children

Customer Question

My wife wants to move out our home and live with our children in a property she has found, if I can raise the finance approx 210k and she leaves how do I ensure this is a full and final settlement which is around half the value of the property we currently live in which is mortgage free.
We have three children 18,16 and 7 the 18 yr old wishes to remain with me the 16 and 7 yr old will live with my wife for which I will pay maintenance
We have not started and divorce or seperation proceedings as at present this in an amicable arrangement although not my choice
Also would a court make me move out our home if things went legal ?
Submitted: 7 months ago.
Category: UK Family Law
Expert:  Thomas Judge replied 7 months ago.
Let me see if I can assist and please rate positive. The two of you can obviously agree between yourselves a financial arrangement and get divorced, The other option is a separation agreement which is a written agreement between you both. It sets out how you both wish to sort out financial arrangements, property and arrangements for the children. Examples of what you might want to include in an agreement are:to live separatelynot to molest, annoy or disturb the other partnerto provide financial support (maintenance) for the other partner. A separation agreement would normally say that maintenance will stop if the partner starts living together with a different partner. Any agreement not to apply to court in the future for financial support does not count legallyto provide financial support (maintenance) for any children of the relationship. Any agreement not to apply to a court or to the Child Maintenance Service in the future does not count legallywho the children should live and have contact with.The advantage of a written agreement is that it's easier to make sure that you both understand what has been agreed. It also means that either partner can go to court to change the order in the future. It is advisable to consult a solicitor when drawing up a separation agreement, but you should work out in advance the general areas you want to cover. This will reduce the legal costs. The court would not necessarily expect you to move out of the house, but would expect you to live separately. Happy to discuss but please rate positive.
Expert:  Thomas Judge replied 7 months ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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