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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Family Court /Divorce proceedings

Customer Question

Hi,


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.


 


Questions


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.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What is the extent of the assets and debts here and in India
What claim do you fear she will make on your parents?
Clare
Customer: replied 3 years ago.

I just replied to your query but it didnt show up as response on website.


 


Trying again.


 


I part own 2 properties in India, my share roughly GBP 200-250 k


 


We fear that she could use dowry and divorce to harass my parents, get them imprisoned for a short time purely on first information report (FIR) before they can get a bail. I certainly do not want this to happen.


 


Wife comes from middle income family and there was no question of dowry. But it is an increasing trend in India where wives are using dowry and harassment to get ac much financial benefit from parents.

Customer: replied 3 years ago.

Kind Attn: Clare

 

Furthermore, in London, wife and I have 50-50 share of property worth GBP 390 k

 

In India, I have no debts.

In UK, we have debts (secured and unsecured loans towards the house) of around 250k

Expert:  Clare replied 3 years ago.
Hi
What income do you each have?
Clare
Customer: replied 3 years ago.

currently


wife: gbp 62000 pa


myself: nil

Customer: replied 3 years ago.

kind attn: Clare


 


currently


wife: gbp 62000 pa


myself: nil

Expert:  Clare replied 3 years ago.
Hi
What capital did you each bring to the marriage?
Clare
Customer: replied 3 years ago.

kind attn: clare


 


did not understand the question.


we both spent on the wedding and reception for marriage.


the house in uk is 50-50 share basis initial equal investments.


 


we got married and literally started from scratch in uk even though i already had my India investments as mentioned before


 

Expert:  Clare replied 3 years ago.
Hi
So you had the Indian assets prior to the relationship starting - but the Uk assets have built up during the relationship - is that correct?
Clare
Customer: replied 3 years ago.

Kind Attn: Clare


 


Yes, that is correct.


 


Had Indian assets before marriage


 


Have UK asset jointly with her, after marriage

Expert:  Clare replied 3 years ago.
Hi
Dealing with your questions in order
1. You are in some difficulty defending the application since you have criminal convictions. Since you cannot return to the property for two years in any event - or approach her it would be better to offer your undertakings - and ask why she has wasted the courts time when it was already covered in any event
2. Once the Divorce is underway here in the UK then it is this country that deals with the matter
3. The assets in India form part of the Matrimonial Assets to be considered by the court. Disposing of them now will not change that - the court will simply make the decisions as if you still owned them
4. You only have to pay £7 a week as child maintenance whilst you are unemployed. Technically you could ask for spouse maintenance - but only if you can show why you cannot get a job. You should stop paying the household bills immediately
5. No she does not have to remain in the Uk - this is a long process
6. The most likely financial outcome is that she will keep the house provided she can release you from the mortgage. You will keep your properties in India - and may get a small lump sum in lieu of your share of the property.
You should still be able to have contact with your son in a supervised setting to start with building up from there
Please ask if you need further details
Clare

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