Divorce & Legal aid etc

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joannewatson | 12:59 Mon 24th Jan 2011 | Body & Soul
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My husband had an affair and moved out of our home in July 2009, and I now want to start divorce proceedings. We have a 3 year old son who he has over maybe once or twice a fortnight, but its as and when he wants and only for a few hours, so its sporadic and inconvenient. We have agreed I will buy him out of the family home so I have been to see a solicitor and got advice re defined access and the house just to see where I stand. When I told my ex he has reacted badly and is now saying he wont see our son until I have bought him out and is sending me abusive text messages. I am a single mum, work full time and get what I think is an average salary, tax credits which cover the childminders fees and my husband is giving me £20pw child maintenance. The solicitor will charge £264 just to send a letter out defining everything which I cant afford as this is just going to turn into thousands. Solicitor says I wont get legal aid. however, I completed a legal aid calculator on the net which says I should get it. My dad died last year and left his house to me and my two sisters, but my third when sold will be used to buy my husband out of the house, so not sure if this will be taken into consideration.

Please can someone give me some advice or guidance? Thanks


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Divorce @ £340, DIY

The only ground for divorce is that the marriage has irretrievably broken down. There are five ways, known as the five facts, of demonstrating that the marriage has irretrievably broken down. One of the following has to be proved:-

1. Adultery
2. Unreasonable behaviour

3. Desertion - Desertion must be for a two year period against your wishes without justifiable cause. This particular reason is seldom used these days.

4. Two years separation and both parties consent to a divorce
5. Five years separation when only one of the parties consents

A Court will award you at least 50% of property, if not more due to his adultery. If possible, delay your inheritance from your father as hubby can claim half of that.
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Thanks Tamborine. Wouldnt half the property be mine anyway? Its in joint names and we both paid half the mortgage each (although I paid it all over the last 18 months). And my dad died a year after we split so I dont think he would be entitled to half of the inheritance, although my share will be going to him anyway to buy him out of the house.
Yes, you will automatically get 50% of the house. You might get more as you have a child in your full time care. Trouble is that will cost you. Try a different solicitor.

While you at it give the CSA a ring....£20 pw is a joke.
is he he still paying half the mortgage? and £20 a week is a joke, but would that interfere with your child tax credit? i know it didn;t used to

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Divorce & Legal aid etc

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