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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Dh walked out on us. What are his rights?

7 replies

Justeat · 09/04/2014 23:47

Baby and dd 6 years old.
Married under 8 years.
SAHM.
He pays mortgage.

OP posts:
LadyGardenersQuestionTime · 10/04/2014 00:12

What's the question about? Money? Dcs?

My understanding is that broadly he has a responsibility to the Dcs - csa website has a calculator. He has no specific responsibility to support you - you will have to negotiate with him over that. 50:50 split of equity but children's needs taken into consideration, so if split doesn't leave enough to house the children adequately then adjustments will be made.

Unfortunately it seems that only the csa calculator is fixed - the rest relies on negotiation. Which is why it all gets so horrible.

definitelygoingtobedearly · 10/04/2014 00:12

I don't know at all but bumping for someone who does.

Justeat · 10/04/2014 00:26

Rights regarding money, children, anything and everything.

OP posts:
levianne · 10/04/2014 00:32

I don't know, either - but am posting to say that it's a good idea if you document every scrap of contact you have with him from now on. Keep texts, emails, anything written, and if you have a conversation with him, note down what happened as soon as you can, with the date.

Good luck, Justeat.

millymolls · 10/04/2014 09:26

I don't really think it comes down to 'rights'. It comes down to the welfare of the children and what is in their best interests - not whether you have more rights than your H. It is in their interest to develop and maintain relationship with both parents and this needs to be agreed and facilitated so you will need to think about how this works in practice - including overnights and weekends etc.

You will need to agree a financial settlement looking at all the assets of the marriage - house, pensions, savings, etc, and if you can't agree courts will decide how this split. You may or may not be awarded spousal maintenance (probably not forever but for a certain period of time). I believe you cannot just stop him living at the house or change the locks - in order to remove him from the house courts will need to be involved if he refused to go.

The children will need to be housed - so you will need to agree on where they live and how they share your time. You may be allowed to keep the house and he defer his interest, or you may need to sell and look for something else that is more affordable. Can't tell from your post what assets there are and what options there may be.

Unless he has very significant earnings (and what is judged significant may be much higher than you actually think)and assets it is most likely that you will be expected to work and support yourself especially when your youngest is at school.

You definitely need to seek advice from a good family solicitor in your area.

LyndaCartersBigPants · 10/04/2014 10:30

I agree, it's not about rights as such, it's about what is best for the DCs. He may say he has a right to 50/50 or you may think that as he left, his right is only to see them when it suits you. Neither those may he in the best interests of the DCs.

Financially, every situation is different and you either come to an agreement after months of arguing or you spend thousands letting someone else decide for you.

Either way, as painful as it is, the easiest and cheapest way to resolve any issues will be between yourselves. Keep things on topic, keep it civil, if necessary involve a 3rd party to stop it descending into a bunfight if you're face to face. But essentially you have to sort it out so that the DCs are as happy as they can be with the situation.

So sorry you're going through this, but many people come out the other end stronger, more independent and with some free time to enjoy with friends and new partners. It doesn't have to mean the end, it's a new beginning. Thanks

Nappaholic · 10/04/2014 22:23

You should get some legal advice before you start trying to negotiate anything with H...you need to know what a reasonable outcome for you and the children might be. Every case is different and there are numerous factors that need to be balanced. Find a Resolution lawyer in your local area and arrange a (usually free) initial appointment ASAP. So sorry for your situation x

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