hi i have copied and pasted this from my personal files. Someone on MN helped me with similar:
I hope it helps you
Custody does not exist, legally there is a "statement of child arrangements" detailing where and when each parent has children form the marriage. If your H is EA then you might need to have this formally (legally agreed) as he will/may use the DC to get at you...mine cetrtainly did.
Find somewhere to go...think about how you will or won;t accommodate the children. The CAB may be helpful here.
MONEY
- Get a bank account in your sole name (look at money saving expert, you only need a simple account...not one with minimum pay ins/charges etc) if you don't already have one. ditto credit card and take his name off any joint cards where you are the primary card holder.
- Tell the council that you are a single adult occupancy home, they will reduce your council tax immediately.
- go through bills and change them to your name only if you stay put in your current home.
- Change Child benefit to go into your sole account if you have children with you.
- tell tax credit helpline that you are now a single parent and get them to reassess your entitlements and pay into your sole account
- Go to entitledto.com and check you are in receipt of any and all benefits that you are entitled to
CHILDREN
Contact is for the benefit of the children. If you think you can work out an amicable plan and that you will be able to abide by it, do it. If he is/was an involved father and can keep the adult stuff out of his relationship with the children so much the better (ditto you). Depending on the age of the DC and their needs he can take them out or to relatives or round ot his home. Don't be tempted to have contact in your home or his...it will mess with your head and the children's. If you need to talk together then do it somewhere neutral, with no DC.
LAWYER UP...when you are ready
Read everything you can get your hands on. Get familiar with the language of family law and procedure and try to get an understanding of your rights BEFORE you see a solicitor. There is a good little book published by Which...it saved me hundreds of pounds as I went in prepared. Get word of mouth recommendations for family lawyers in your area if possible.
A divorce will not be granted where children are involved unless there are agreed arrangements for finance, and care of the children (“Statement of Arrangements for Children”). It is obviously quicker and cheaper if this can be agreed but if there is no agreement, the Court will make an Order (“Residence and Contact” regarding children, “Financial Order” or “Ancillary Relief” in the case of Finance)
Many family lawyers will offer the first half hour consultation free. Make use of this. Don’t just stick with the first lawyer you find – shop around and find someone you feel comfortable with. You may be in for a long haul, so it helps if you can find a solicitor you’re happy with.
If you can’t find any local recommendations, always see a solicitor who specialises in Family Law. You can search by area here:
www.resolution.org.uk/
Mediation
You will be encouraged to attend mediation to agree finances and child contact arrangements if you can't do this between yourselves. It's cheaper than lawyers or courts battling it out and effective where there is no abuse in the relationship
DirectGov advice on divorce, separation and relationship breakdown:
www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/index.htm
Legal Rights
www.rightsofwomen.org.uk/legal.php#children_relationship_breakdown
Handy 5 Minute benefit check, tax and housing benefit calculators:
www.moneysavingexpert.com/family/
Child Maintenance Calculator: www.gov.uk/calculate-your-child-maintenance
Support and information.www.gingerbread.org.uk/
I am sorry this has happened, i hope you will find your way through the mess, both emotional and practical and will be able to come out the other side ready for a new and better life.