Sorry this has probably been asked already loads of time - rights after divorce?

[avoidinglibelaction]

H keeps threatening if we get divorced we'll do it 'properly' and he'll go part time essentially what he means is that if we get divorced he will ensure I get no money and will have to move out of the house -
So if he does go part time what will I be entitled to if we divorce-
what financially would I be entitled to?
what would I be allowed to do, if we get 50/50 custody could I move to be nearer my DP which would be on the other side of the country from him or would I have to stay where we are in a smaller house?

[OldLadyKnowsNothing]

You haven't given enough information for anyone to help you. Is your home owned or rented, if owned is there any equity? How many dc, what ages? If you move, how do you propose to maintain contact for the dc with their father? Do you work, and will you be working if you move? If so, what are/will be your earnings compared to your ex, and how will this change if he goes part time/gets made redundant?

[olgaga]

You will find this useful as a starting point:
www.adviceguide.org.uk/index/your_family/family_index_ew/ending_a_marriage.htm

Get hold of all the financial information you can, take copies if necessary, and see a family solicitor. You can find one in your area here:
www.resolution.org.uk/

Do it as soon as possible, I think it helps to be proactive about it rather than waiting for things to happen.

[avoidinglibelaction]

Sorry thank you for the replies - posted in haste during another row - I'm really wondering what the legal implications would be if I separated from him and moved with the DC somewhere else in the country - if we start divorce procedings might I be prevented from moving because it will make access for him more difficult - i.e. one of us will have to travel 5 hour journey withthe DC to take them to the other one.
The money thing is less important I have a tranfserable job and can almost certainly get one there- near my parents so I'll not have childcare costs - I've looked a rents in the area and I'd be able to afford to support us without his help and I'm assuming when we sell the house I'll get half the capital in it.
it's really knowing if I'd be allowed to move or whether he could stop me - he'd want half custody of the DC but not 100%.
Thank you for the links I'll have a look at them now.

[OldLadyKnowsNothing]

He could ask a court for a Prohibited Steps Order to prevent you moving so far away. You would need to show you had good reasons for the move. The Court would then decide.

[olgaga]

I have a tranfserable job and can almost certainly get one there- near my parents so I'll not have childcare costs

Those are extremely good reasons!

[OldLadyKnowsNothing]

Not necessarily good enough for a court to severely limit the children's contact with their father, particularly as Op hasn't said he's a crap parent. Op should actually have a job and a home lined up, will need to check out schools, justify the dc leaving behind friends and family members where they currently live. She has to demonstrate that the dc will be a lot better off (without daddy) if they move.

[STIDW]

It's important not to have a knee jerk reaction. The usual legal advice is not to move out of the former matrimonial home before the finances and arrangements have been agreed unless it is unsafe. First of all if your housing needs are met you may have less claim on the family assets, secondly if you move out there may be little incentive for your husband to agree a settlement and thirdly both parents have equal Parental Responsibility so arrangements for children need to be agreed or settled by the courts.

The courts are not in the habit of preventing children relocating in the UK unless the move is to somewhere inaccessible or the motivation for the move is deemed to be to frustrate contact. There was one case recently where Mum secretly organised a move and just took the children. The children wanted to stay in the former matrimonial home, the judge decided disrupting the children's education and established friendships was not in the children's interest, there was a history of shared care (not 50:50) and the court ordered shared residence with the children living with the father most of the time. Mum was to do the bulk of the travelling because she was the one to move and of course she was the non resident parent so paid child support.

Lots of separating parents make threats of all sorts but very few go as far as quitting their job or reducing their hours. It quitting or reducing hours is very short sighted because people lose out on wage increases, promotions and pension fund contributions so the impact over a life time can be far greater than paying maintenance. If a spouse does try to reduce the financial claims of the other spouse the court can take into account their potential income and the lack of financial support when determining the financial split.

[avoidinglibelaction]

Thanks for all the replies - I've got a lot to consider and you're right no knee jerk reactions . TBH things will probably settle down in a while and we will probably have another few months of it all being OK before it blows up again - the thing is we do this more and more regularly that an end is becoming inevitable so I'm thinking I really need to consider my options, when things are calm are a better time. I don't want to take them from DH who may be an selfish and unkind H but is an OK dad but if i have to go it alone I should like to live where I want and not where suits H and his job. It seems to me that he always gets his own way on everything sulks if he doesn't and he'd still be getting his own way.

[Collaborate]

BB is that in cases where residence is in issue between the parents? If the issue is just contact, what level of contact was the RP seeking?