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Usually when a marriage breaks down and the parties have children then one person is likely to be the main carer and the other will have contact with the children. The party who is the main carer will usually be paid child maintenance by the other party to help them to house the children and pay for their food, clothes and all other expenses.
The answer to this is, only in certain circumstances. If your husband is violent, threatening violence or subjecting you to harassment or intimidation then it is possible to apply for an Occupation Order together with a Non-Molestation Order which means he has to vacate the home and in some circumstances cannot come within a certain distance of it. He may also be arrested and charged with a criminal offence if he breaches the Order.
If you are divorcing on two years separation then the other person has to consent. Alternatively if you wish to go ahead with adultery then the simplest way to proceed is that the other person admits adultery. In both of these cases they would need to sign the forms sent from Court. However if it is an unreasonable behaviour Petition then there are a couple of ways of getting round this if they refuse to sign.
Christmas is a special time – made even more magical when there are children in the family. It is wonderful to see them wake up on Christmas morning and peer into their stockings to see what Father Christmas has brought them.
It is difficult to accept that when you are separated from their other parent you may have to give up some of this time to allow them to spend time with the other parent.
“I am separating from my husband and am in no rush to get divorced. However I have elderly parents, who are not in good health and I will inherit from them. A friend has told me that my husband could claim against any inheritance. Is this true?”