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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.

Divorce advice with newborn and toddler

3 replies

Helpinghand1234 · 18/07/2025 15:18

I have been married just over two years, (together 4) I owned my home outright prior to marriage. He does not contribute financially to any of our finances- his name is not on the house, not on any bill, not on anything (he has always refused and pled poverty for a variety of reasons.) When I say I pay for everything I mean every single thing. Every bill, every food shop, holiday, every piece of clothing for our children, every cot, car seat, nappy, toy and so on has all been paid for by me.

I don’t know what assets he has, he’s always kept it quite vague. My husband lived with his parents prior to marriage on the family farm, so I don’t really know who owns what. If we divorced he would 100% return to live with them in their two bed house.

He leaves the house 2.30am each day, returns at 8am for half an hour to get changed and then leaves again until around 6.30pm.

We have a 21 month old and 6 week old.
Im at my wits end and have reached out to a solicitor for a consultation but am yet to hear back.
I have so many questions, my main ones around the children.
. What kind of visitation/ custody would he be likely to get?
. Does the fact he doesn’t own a home have any impact? Or the fact his parents home only has two bedrooms currently used by each of my in-laws.
. Would his working hours affect any custody decisions?
. Our youngest is only 6 weeks- what age would he likely be separated from me? (Currently exclusively breast feeding- I did with my eldest until 12 months)

I have a terrible relationship with my in-laws (long story) and the only reason I will remain married is if there’s a high risk the children would be forced to stay overnight with him at their home and the children would be exposed to their toxic family dynamic. They have form for being irresponsible- I have CCTV of my husband taking our eldest in fil’s car on his lap with no car seat, and in-laws don’t believe in the use of seatbelts for their other older grandchildren.

My other set of questions is regarding my home. I self built prior to our marriage and have no mortgage- is my home at risk? I would be happy not to make any claim on his assets (some land I think he owns) if he left the home alone, but would a judge give him a share so he could buy his own property to house the children?

Lastly- has anyone been through divorce with very young children? If so how did you cope with the guilt? My life would 100% be easier divorced, but I’m worried how selfish I’m being and the long term affect on them. I feel if I stay married I have a level of control over their upbringing and what/who they’re exposed to, but if I’m divorced I can’t stop him or his family from exposing them to their toxic and damaging environment.

Any advice greatly appreciated.

OP posts:
MMMMMBacon · 18/07/2025 18:03

Hi OP, you may get faster replies on the relationships board? There will be lots of good advice soon I am sure , but from what I have read on here - he would not get overnights with a six week old and probably not with a two year old either.

In terms of visitation otherwise, if he has issues with drinking, substance use, or is abusive to you (includes financial abuse too I would think) , you may be able to restrict him from anything apart from supervised visitation for a few hours weekly/fortnight for the forseeable future till he gets stability.

He is legally bound to pay child maintenence unless unemployed completely I think. It is around 20 pc of take home pay usually (? tbc). There is a CMS calculator online. Get legal advice - first half hour consultation with a solicitor is free. Also talk to Women's aid (numbers can be searched online for your local branch to call /meet).

Are you safe right now where you are ? call the police if your H reacts violently to you asking him to leave your house.

MMMMMBacon · 18/07/2025 18:10

Are you in the UK ?

I am probably one of those not well placed to advice on when to leave and whether to leave in this scenario (only you can really decide, if he is physically violent though the risks of staying are particularly high) , I am one of those waiting till son is 18 to leave :) , and I would not advise that to anyone. I know I will be too old for many things by then (he is almost 16 now) - and I often wonder when the day comes , if I will have any mental and physical energy left to leave. I am already 46 now.

If you are younger with your life fully ahead of you, and you know you are unhappy in this marriage and he has no inclination to change to make you happy- then probably the sooner the better. Talk to a solicitor on custody - totally understand the loss of control of handing over really young ones and spending any time away from them at this stage. Its not a hard decision and there are loads of women on here who have posted their experiences , reading them will be very valuable as you try to come to a decision that feels right to you. Good luck !!!!

millymollymoomoo · 18/07/2025 21:47

You need to see a solicitor

your marriage is short but you have dependents and generally divorce will want to see both parents adequately housed based on their needs.- somewhere they can both house the children, as a lower earner your dh is in a strong position to claim against the marital home as he’s less able to mortgage

in your favour is the fact you brought all the assets, your short marriage and the fact you’re providing all the needs of very young children.

your dh may get overnights with your 2 yo now/ but not the baby. If you have safeguarding concerns you’ll need to raise them and gave cafcass assessments

you really need to see a solicitor

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