Issue: Family Court /Divorce proceedings.
My wife and I had an arguement on 21 SEP 2013. She reported to police; I admitted to physically moving her aside while trying to reach to our 19 month old son and hence was convicted of common assault and serving a community order (supervision + family abuse course). Furthermore, she raised lots of allegations that I hurt her as well as our 19 month old son many months ago. In my fear (and stupidity) that any counter-allegation or showing her in negative light could result in social services taking our child away, I admitted to common assault on child. I recvd a caution for this. I have a restraining order for 2 years, not to speak with her or go to our house which she now occupies.
Furthermore she approached Family Court for Non-molestation order and occupy order which was granted and need to respond on 09 DEC 2013 at Croydon Family Court. It is through her false witness statements to get the family court order that I realised that she had pre-meditated this sequence of events and she successfully managed to carve me out of her and (primarily) our son's life while occupying the property.
I am currently unemployed, living separately but continue to pay the house bills. I have lost everything (partly due to my own stupidity) but now there seems to be a real threat that she (wife) plans to drag my parents (based in India) into false allegations of harassment and proceed with divorce to get as much financial benefit from them as possible.
I do not want a divorce at all; it will have a negative impact on our son and I would like him to grow in a two-parent family. But I need to protect my family in India as well and hence need this 360 view and understanding of the consequences.
My wife and I are from India and on Indefinite Leave to Remain (UK Settlement visa) in London. Recently, she may have applied for UK citizenship. Our marriage was registered in India, 6 years ago.
Q1: I need to respond to the Non-molestation order and occupy order, attend court on 09 DEC 2013 but cannot afford legal representation as unemployed. I have prepared my responses to counter her false statements but do I need to submit it to court before the hearing on 09 DEC? The court order doesnt mention any submission date and for some reason, the upload attachment on Pearl.com isnt working. Could you let know the process please.
Q2: How can I prevent her from harassing my parents? If I apply for a divorce in London /UK, can she still apply for a divorce in India? Will this protect my parents from harm from her?
Q3: If I file for divorce in UK, can she lay claim on assets in India, part owned by me? Would you recommend that I transfer my assets to my brother or parents before I file for divorce?
Q4: As am currently unemployed, does this have an impact on the divorce proceedings such as child maintenance? Can I ask for compensation or maintenance from wife and under which circumstances?
Q5: Wife is visiting India on 11 DEC 2013 and could file for divorce and/or criminal proceedings shortly thereafter. If I file for divorce in next few days, does she have to be present in UK to respond, i.e. will she need to delay or cancel her trip to India?
Q6: Given the fact that I have the criminal record and she can claim the victim, even though the truth is just the opposite, if you could help provide a view of how this divorce could pan out or possible repurcussions.