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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34283
Experience:  family solictor with 25 years experience
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what are the implications of leaving the marital home with

Resolved Question:

what are the implications of leaving the marital home with my child after separation? husband insists that we should keep living together as it's financially more viable but I am planning to move out with my two-year-old son, as we have not been together for over a year. he is not happy with this and is seeking legal advice
Submitted: 6 years ago.
Category: UK Law
Expert:  Clare replied 6 years ago.

Hi

Who has the day to day care of the child

How much is the house worth and how much is outstanding on the mortgage

Are you considering divorce proceedings?

Claire

Customer: replied 6 years ago.

I am in charge of my son's day to day care

 

our house is worth about 186 K

 

outstanding mortgage amount is 140 k c.ca

Expert:  Clare replied 6 years ago.

Hi

have you considered divorce proceedings/

Claire

Customer: replied 6 years ago.

Hi Claire

 

I haven't considered divorce just yet as we have only been separated for a year. He was the one that wanted to spearate last year, however, he wants to keep living with me for financial reasons. I don not want to remain in the marital home as I want to move somewhere closer to my workplace and friends so I have a stronger support network, but he says that if I do move out I will be doing this without his consent. We currently live in Hitchin, Herts (23 mins away from london) and I am planning to move to London. I just need to know what the implications of my move may be if keeps refusing to agree to it. My son will be coming to live with me, and to date he has never questioned the fact that once we go our separate ways the baby will remain with me.

Expert:  Clare replied 6 years ago.

Hi

There are no implications in your moving out - although obviously you will have to agree how contact will be arranged.

It would be sensible to start divorce proceedings at the same time - and to request that the matrimonial home is placed on the market sooner rather than later.

You will be able to claim child maintenance at the rate of 15% of his net income

Claire

Customer: replied 6 years ago.

Hi Claire

 

Thank you for your prompt response.

 

Can I start divorce proceedings now even though we've only been separated for a year?

 

The house is already on the market so that is not an issue.

 

Thanks

 

 

 

Expert:  Clare replied 6 years ago.

Hi

One of the two immediate grounds for divorce is Unreasonable Behaviour and I have no doubt that you would be able to produce a more than adequate petition against him.

Claire

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