Family Property and Child Custody Dispute Divorce Case Study
30 December 2016
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Our client and his wife were together for 15 years, after which their relationship began to fall apart. In his own words, his wife had “become a different person” so he began divorce proceedings.
However, his wife contested the divorce. She wanted to keep the family home, despite our client having invested approximately half a million pounds into the property. She also wanted full custody of their son, who was then just nine years old.
Our client was at a loss. He is a retired policeman and had committed all his money to the family property. He thought the divorce would be amicable and had anticipated a 50/50 split of the house. He also thought there would be joint custody of their child.
How We Helped
Our client contacted our Divorce Solicitors for free initial legal advice. When we had all the details at hand, we repeatedly tried to resolve the issues through Mediation, but our client’s wife refused to co-operate. We therefore dealt with the divorce and child custody in the Courts.
There were three different Court hearings and we supported him through each. We argued that the equity of the house should be shared, as should custody of their son, particularly as our client had been the main carer for the past five years.
At the final Court hearing our client signed a judgement saying he would move out of the family home, but that the equity of the house would be evenly shared. We also achieved shared custody for our client, meaning his son stays with him three weekends out of four.
Shared custody ensures our client can still spend time with his son on a regular basis. Had his ex-wife been awarded full custody, he would have had to arrange visiting rights in order to see him.
Speaking about the service he received, our client said, “I was very impressed with Tracey Moloney (Head of Family Law). She put everything in a clear light. She was very professional, capable and strong. The Family Solicitors I dealt with were very nice people, and very helpful.”
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