I want a no-fuss separation and custody of our children

Yes, it is possible to move on with your children following a provision known as custody. Custody is when a married couple either separate or divorce and questions arise over who shall keep the children.

It is a legal process and you must apply to the court for an order of custody for you to stay with the children.

However, you must prove to the court that your husband is irresponsible as alleged before securing orders to take the children away. Normally, judges and magistrates consider the interest or welfare of the children to be most important and give custody to the parent it thinks has their best interest at heart.

Furthermore, precedents show that courts in most cases – where the children are as young as yours – give custody to the mother because of the nurturing role she has to play towards their growth. Other considerations are if either of the parents has neglected the matrimonial home, is a drunkard, drug addict, abusive or violent. 

You have not mentioned whether you are employed but it is never an issue when one parent has more money as the court can order maintenance by the spouse that earns.

Furthermore, should your daughters reach 18, they can seek orders from the court for payment of their tertiary education or the custody orders may end after the adult children decide who to stay with.

Send your legal queries to us and Harold, a practising lawyer, will answer them.