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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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I have been married to my wife years and we both have a son

Customer Question

Hi, I have been married to my wife for 6 years and we both have a son who is now 2. We got Married in Pakistan. I have been born in the United Kingdom. I am living with my wife in the UK. We have had big arguments and serious realationship problems and
I am struggling greatly to keep my family intact. The only reason I am keeping this marriage intact is because of our son. I have my own 2 bedroom property which I own and is solely in my name. If worst comes to worst what Rights does my wife have over my
property? I hope it doesn`t come to it but.... what will be my options if we decided to break up and move our sepearate ways. What do I have to do to have custody over my son if not then what would I need to do. She is on extension visa which expires in 2017.
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


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 house worth and how much is outstanding on the mortgage.

What other assets are there and what income do you each have?

How is the care of the child shared between you at the moment?

Customer: replied 1 year ago.
Today market the house is worth around £73,000 and the outstanding Mortgage is £48,000.I have a vehicle with todays value of £9,00I earn around £26,000 a year excluding overtime and commission.My wife does not earn as she is a housewife and we are living together both having parental responsibilities.In reagrdd to saving we have very little. She has he monthly child benefit payment going to her which around £82 a month.I pay the mortgage, bills, bring the food home and other household items such as my sons clothes etc.
Customer: replied 1 year ago.
My wife is on a spousal visa which has been extended. My son was born in the UK. I am also a british citizen born and bred.
Customer: replied 1 year ago.
I also provide her with money between £150-£200 a month this is so she has money with and sometimes buys food when im not there as I work shifts.
Expert:  Clare replied 1 year ago.

I assume that you would want your child to remain in the Uk?

Customer: replied 1 year ago.
I do.
Expert:  Clare replied 1 year ago.

Your wife has Matrimonial Home rights in relation to the property.

This includes the right to live there so long as you are married.

In addition she has a financial claim on the property and within Divorce proceedings she can make a claim on it which would be successful.

Since she is clearly the main carer of the child and is financially vulnerable herself if you do separate it is likely that she will be able to remain in the property with the child until the child is 18 or she cohabits.

When that happens the property will be sold and the equity divided between you - hopefully on a 50/50 bases.

Your son would be entitled to have a relationship with both of you and it is to be hoped that you can develop a shared care pattern - but even then it is likely that she will remain in the property I am afraid.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
What if she decides to have me removed from my property or is she decides to leave with our son to say somewhere like her brothers.If she has matrimonial rights over my property what would happen to me if she decides to remove me from my property?
Expert:  Clare replied 1 year ago.

Unless there is violence she cannot force you to leave the property

If you do separate then you will have to reach agreement with her about the future using Family mediation

Customer: replied 1 year ago.
What about a prenuptual agreement? Do they woek in the courts?
Expert:  Clare replied 1 year ago.

Did you have one?

Customer: replied 1 year ago.
I would like to set up one for the future if our child if our marriage breaks down.
Expert:  Clare replied 1 year ago.

I am afraid that it is too late for a prenuptial agreement

You can try and negotiate a post nuptial agreement - but your wife would need independent legal advice in order for it to be enforceable

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