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I am seeking some advice on my legal standpoint before entering mediation with my husband. We have been separated for 1 year and we have an 18 month old son. All our communications are in writing. For the last year we have agreed on the following:
Parenting
- Our son and I live in the house, purchased by my husband, I am not named on mortgage but registered with land registry (I'll refer to this house as 'Family Home').
- Our son spends equal time with us with respect to his age and needs:
He is collected my his father from nursery on Mon and Weds, taken to Family Home and settled to bed before handover of responsibility. He is collected from Family Home every Friday AM by his Dad and taken to his grandparents to stay for the night (with Dad), returning 6pm Saturday.
I assume parental responsibility for Saturday-Friday overnight/am (Saturday aside) and Tuesday, Thursday and Sunday all day.
- at least1 weeks notice of any intention of extra time/holiday/reason of change to arrangement.
Financial
- My husband paid the Mortgage / I pay the bills (equal contribution)
- My husband paid Nursery fees / I did not apply for gov maintenance (equal contribution)
- I pay for all clothes, food, nursery supplies, clubs/classes and day to day living - I receive child benefit
Separation
- We agreed to wait for 2yr separation period to pass and divorce without grounds.
The legal advice I received when we first separated was:
- I had grounds for divorce on behaviour
- House should be signed over to me as primary carer (due to non comparably priced houses locally)
- Entitlement to % pension
I am seeking advice again now because our financial situation has changed and my husbands behaviours are becoming more challenging. Known changes are:
- My husband has stated he lives with new partner in relationship of 'several months'
- Parental responsibility in event of sickness from childcare now falls to the parent who is responsible that day (I used to collect on all events of illness)
- My husband states he no longer has a fixed contract of employment and now works on NHS Nursing Bank
- My husband states he can't work on Mon and Weds whilst our son is at nursery because he can't leave work if our son is unwell.
- My job has recently changed and earnings have increased - I am on 6m probation
- My husband has commented that he cannot afford the mortgage - I don't know if he's paying it
- My husband has stopped paying for nursery
- My husband has stated that I should apply for maintenance for money now.
Can anyone help me with what my legal standpoint is, will the original advice I received when our son was 8 months old still applicable?
What is my son and I's safety/legal standpoint on the house in event of repossession?
Can we attend mediation with our own representation and discuss through them? (I experience anxiety now)
Will agreement made in mediation be legally binding? What happens if my husband is not reliable?
Is there any other legal consideration I should make?
Thank you
Parenting
- Our son and I live in the house, purchased by my husband, I am not named on mortgage but registered with land registry (I'll refer to this house as 'Family Home').
- Our son spends equal time with us with respect to his age and needs:
He is collected my his father from nursery on Mon and Weds, taken to Family Home and settled to bed before handover of responsibility. He is collected from Family Home every Friday AM by his Dad and taken to his grandparents to stay for the night (with Dad), returning 6pm Saturday.
I assume parental responsibility for Saturday-Friday overnight/am (Saturday aside) and Tuesday, Thursday and Sunday all day.
- at least1 weeks notice of any intention of extra time/holiday/reason of change to arrangement.
Financial
- My husband paid the Mortgage / I pay the bills (equal contribution)
- My husband paid Nursery fees / I did not apply for gov maintenance (equal contribution)
- I pay for all clothes, food, nursery supplies, clubs/classes and day to day living - I receive child benefit
Separation
- We agreed to wait for 2yr separation period to pass and divorce without grounds.
The legal advice I received when we first separated was:
- I had grounds for divorce on behaviour
- House should be signed over to me as primary carer (due to non comparably priced houses locally)
- Entitlement to % pension
I am seeking advice again now because our financial situation has changed and my husbands behaviours are becoming more challenging. Known changes are:
- My husband has stated he lives with new partner in relationship of 'several months'
- Parental responsibility in event of sickness from childcare now falls to the parent who is responsible that day (I used to collect on all events of illness)
- My husband states he no longer has a fixed contract of employment and now works on NHS Nursing Bank
- My husband states he can't work on Mon and Weds whilst our son is at nursery because he can't leave work if our son is unwell.
- My job has recently changed and earnings have increased - I am on 6m probation
- My husband has commented that he cannot afford the mortgage - I don't know if he's paying it
- My husband has stopped paying for nursery
- My husband has stated that I should apply for maintenance for money now.
Can anyone help me with what my legal standpoint is, will the original advice I received when our son was 8 months old still applicable?
What is my son and I's safety/legal standpoint on the house in event of repossession?
Can we attend mediation with our own representation and discuss through them? (I experience anxiety now)
Will agreement made in mediation be legally binding? What happens if my husband is not reliable?
Is there any other legal consideration I should make?
Thank you
