Separation after ILR

[AsherY]

Hi all,

The painful issue I want to discuss is not in domain of this forum, however, I would appreciate the provision of some basic information.

I got my ILR few months ago (including my wife and kids). Unfortunately, we are heading towards a separation, which of course I don’t want mainly because of the kids.

My first query is that:

(i) what is the general rule for the possession of kids. My spouse is not working and is not much resourceful for their proper upbringing. By ‘much’ I mean that her brothers and sisters are here in the UK as students and she would most likely live with them. To date, I am the bread earner and taking care of all the responsibilities and liabilities very well. Second query is that:

(ii) we were married in India, but now after ILR if we undergo a separation, would I be obliged to give half of my earnings / assets to my wife even if divorce is against my will and she take it through court. What if she cannot prove any obvious reason of separation and just demand that she do not want to live with me?

Difficult moments. Will consult a lawyer as well.

Thanks