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If I buy my husband out of the marital home prior to divorce, can this be made a full and final payment to prevent him asking for more later? — by MariaMason — last modified 2008-08-20 12:38

My husband and I are separating with a view to divorce at a later date. If I buy my husband out of the marital home prior to the divorce, can this be made a full and final payment to prevent him asking for more at a later date?

I want to divorce my wife based on five years separation but I know she will ignore the papers. Should I try to employ someone to serve the papers on her? — by MariaMason — last modified 2008-08-20 12:15

I left my wife in July 2003. Upon leaving I signed over 100% of my house to her as a verbal agreement to the separation and divorce. We have no children. Since 2005 I have been in a new relationship and wish to re-marry. My wife will not agree to a divorce (I petitioned for divorce on grounds of two years separation with consent in 2007) but she did not respond to the papers at all. She is refusing all contact with me and I am pretty sure that if I petition on the grounds of five years separation without consent she will ignore the papers sent to her. What do I have to do to prove to the Court that she has received the Petition if she refuses to communicate? Should I try to employ someone to serve the papers on her?

Should I be paying maintenance for a child of whom I am not the biological father, only the step-father? — by Maria Mason — last modified 2008-08-20 12:00

I have been divorced for five years. A Court Order was set up whereby I pay 7.5% of my monthy income to my ex-wife for maintenance for her child until the child leaves full time secondary education. Should I be paying this even if I am not the child's father? I never became an adoptive parent although, obviously, during the marriage I treated the child as my own.

Where can I look to see if my husband has divorced me? — by MariaMason — last modified 2008-08-20 11:07

Where can I look to see if my husband has divorced me? He now lives in Australia and I know through connections he has told his new partner that he has never been married so I wonder if he has divorced me without my consent. We have been separated over five years.

My daughter wants to live with me but her mother refuses. Does my daughter have any rights in this regard? — by Maria Mason — last modified 2008-08-20 10:31

My 14 year old daughter has asked if she could come and live with me. My partner and I have both said yes but her mother flatly refuses to let her move out. Does my daughter have any rights reguarding where she lives?

Once the Decree Nisi has been pronounced is it possible to cancel it even if the other party still wants a divorce? — by MariaMason — last modified 2008-08-19 11:57

Once the Decree Nisi has been pronounced is it possible to cancel it even if the other party still wants a divorce? My present partner and I are divorcing our previous partners and want to get married but we are concerned that our previous partners may attempt to cancel the divorce proceedings if they find out we are getting married to prevent it happening.

After divorce, how long do you have to wait to re-marry? — by MariaMason — last modified 2008-08-18 19:28

After divorce, how long do you have to wait to re-marry?

I recently split from my partner and ever since the split she has gone back on her word regarding access to our child. Where do I stand and what are my options? — by Maria Mason — last modified 2008-08-18 18:21

I have recently split from my partner. Ever since the split she has gone back on her word regarding access to our three year old son, first saying she won't let me see him, then when she wanted something from me, saying I can have all the access I'm asking for, then immediately retracting it when she does or doesn't get her way. She has also been sending a constant barrage of abuse by text. Where do I stand and what are my options regarding getting a concrete agreement over access, stopping any further attacks by text message and being able to get an agreement on information about my son's welfare?

My girlfriend is about to move in with me. Would she be entitled to half of my property if the relationship broke down? — by Maria Mason — last modified 2008-08-18 13:47

My girlfriend is about to move in with me and I am concerned that she will be entitled to half my property should our relationship not work out. My girfriend will not be paying any rent or any money towards the mortgage. It is only my name on the Title Deeds and mortgage. If our relationship does not last would she be entitled to anything?

Are divorce and settlement two separate legal matters that can be dealt with in a 'divorce first, settlement after' order? — by MariaMason — last modified 2008-08-18 12:01

Are divorce and settlement two separate legal matters that can be dealt with in a 'divorce first, settlement after' order? I'm looking to get divorced and I'm under the impression that the divorce and the settlement can be dealt with separately. I plan on filing the divorce Petition myself, and after this is sorted contacting a Solicitor about formalising our financial arrangements. My wife and I are on very good terms and have agreed informally the division of assets. The only marital asset I'm concerned with is the house which is in joint names. One of my friends has become concerned that being divorced first may leave me with less rights to marital assets and that I should deal with both matters together.

I want to separate from my husband. The tenancy of our Council property is in my name only, does he have any rights to remain in the property? — by MariaMason — last modified 2008-08-13 13:36

I want to separate from my husband, with a view to divorce, because his behaviour is making me ill and I feel I no longer love him. I have one child from a previous marriage and we live in a Council property, the tenancy of which is in my name only. Does my husband have any rights to remain in the marital home?

At what age can a child choose which parent they would prefer to live with? — by Maria Mason — last modified 2008-08-13 13:08

I am divorced. At what age can my daughter choose which parent she would prefer to live with? She is currently living with my ex-wife.

Is it possible to remove the biological father's name from a child's Birth Certificate? — by Maria Mason — last modified 2008-08-13 12:35

Is it possible to remove the father's name from a child's Birth Certificate? My daughter is nine years old and the father has never seen her and never wanted to. My husband has been in her life since she was one year old and is daddy in every respect. The child does not know any different. Is it possible to remve the biological father's name for my daughter's benefit? I would not want her to ever feel rejected by the man in question. Also is it possible to have my husband's name on the Certificate?

I have not seen my husband for 18 years and have no idea where he is. Am I still able to get a divorce and, if so, how do I go about it? — by MariaMason — last modified 2008-08-13 12:23

I have been separated for 18 years and would like to get a divorce. I have not seen my husband in 18 years and have no idea whatsoever where he is or whether he is dead or alive. I have also been unsuccessful in trying to trace him. Am I still able to get a divorce and, if so, how do I go about it?

My wife and I are separated and are going to wait two years for a divorce but should we have some type of agreement in writing? — by MariaMason — last modified 2008-08-12 11:16

My wife and I are separated and she is willing to wait two years until the divorce but we have nothing in writing as yet. What is my position regarding an agreement? The home is in my name only which I owned before we became involved, is she still entitled to half? I am living in the house at the moment but if i start any proceedings I will make myself homeless that much quicker as I can't afford to buy her out. Should I wait until she starts proceedings? We both want to try and keep it friendly so what's the best way forward?

I am separated from my husband and he is saying that I am not entitled to anything as I had an affair. Is this right? — by MariaMason — last modified 2008-08-11 12:52

I left my husband two years ago due to the breakdown of the marriage. I have taken only £50.00 from our account in all that time. We have recently had endowments come out and I have asked him if we can now talk about the financial side as I need some of my money. He says I am not entitled to anything i.e. the house, the contents or any savings as it was me who had an affair. All I am asking for is a fair share of what is owed to me. Can you please give me some idea of my entitlement? At the time I did not take anything so as not to upset him further but he is now saying that I did not want anything. We have been married for 31 years. Can you please help?

My wife is planning to divorce me for unreasonable behaviour and take everything. However, I have found out she has had at least one affair - should I immediately petition on the grounds of her adultery? — by MariaMason — last modified 2008-08-08 11:54

My wife is planning to divorce me probably by trying to state "unreasonable behaviour" and is going to try and take as much of my money as she possibly can. We have a house but the Deeds are in her name and she is planning to take that, although I will be filing a MH1 form with the Land Registry to contest this. However, I have now discovered, and have concrete proof, that she has been having one or possibly more sexual affairs while I was out of the country working. Should I file for immediate divorce on the grounds of adultery and if so would this void her claims to any of my property? Could I do this myself or would I need a Solicitor or could the Citizens Advice Bureau help ?

My daughter's natural father is not named on the Birth Certificate but he is applying to the Court for Parental Responsibility. Will he succeed? — by Maria Mason — last modified 2008-08-06 16:56

My seven year old daughter's natural father is not named on the Birth Certificate which was signed by myself only. The reason for this was that he is aggressive and I didn't want him to have any rights over my daughter. He has had on and off contact with her since birth and has very rarely paid maintenance. He has now applied to the Court for Parental Responsibility - will he succeed?

My wife wants me to leave the house but I have nowhere to go. What should I do? — by MariaMason — last modified 2008-08-06 13:34

My wife and I are separating, she wants me to leave the house but I have nowhere to go and can't afford to pay the mortgage or rent on another property. What should I do?

I started my own business three months ago. My wife and I have split up and she now wants half of my business. Is she entitled to this? — by MariaMason — last modified 2008-08-06 13:20

I started up my own business three months ago with no help from my wife. Six weeks ago we split up and my wife moved out and left our three children with me. She is now saying that she wants half of my business. Is she entitled to this?