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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Please help me with advice on what my daughter can do. She

Customer Question

Please help me with advice on what my daughter can do. She has told her husband that the marriage is over and she is now seeing someone else. She has 3 boys aged 16, 8 and 1 and her husband is only the legal father to the 1yr old. The house is in rented in joint names and she is the breadwinner paying all the bills including rent, food etc. Her husband will not accept the marriage is over and about 6 wks ago took an overdose, went missing and ended up in hospital. Whilst he doesn't hit her his constant abuse is frightening. He is constantly in her facing calling her everything and posted a very abusive post on facebook which we reported and they removed. He refuses to look after the 16 and 8 year old so my husband and I have them after school, give them their tea and then take them home for when mum finishes work (she is a bus driver so works shifts) Is there any advice you can give on how she can get him to leave the house as even yesterday the 8 year old told me that he likes it when her husband goes out to play pool as the house is nice.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is your daughter willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.

She is not in a position to pay for a divorce at this present time.

Expert:  Clare replied 3 years ago.
Hi
How much does she think that will cost?
Clare
Customer: replied 3 years ago.

Perhaps you could give me a rough idea what it would cost, but she is having to go part time as she realises that as me and my husband are pensioners and it is too much to ask us to keep looking after the boys. As she can't afford a divorce is there anyway she could get him out. As I say he is so abusive to her all the time which is getting worse. She text me last night that she can't take anymore and I am worried sick.

Customer: replied 3 years ago.

I have replied but not sure if you got it. My reply was:-


Perhaps you could give me a rough idea what it would cost, bust she is having to go part time as she realises that with me and my husband being pensioners it is to much to ask us to keep looking after the boys. As she can't afford a divorce is there anyway she could get him out. As I say he is so abusive to her all the time which is getting worse. She text me last night that she can't take anymore and I am worried sick.

Expert:  Clare replied 3 years ago.
Hi
What is her current income?
Clare
Customer: replied 3 years ago.

At the minute she takes home about £220 per wk but as explained she is going part time from June. Whilst I realise there is a reason for asking about income I feel that you are not answering the question. Is there any way to get him out maybe due to his harassment.

Expert:  Clare replied 3 years ago.
Hi
I asked about income to check the cost position
She can issue a Divorce Petition based upon his Unreasonable behaviour as soon as she wishes
She can read more here
https://www.gov.uk/divorce/file-for-divorce
She is likely to be eligible for Fee Remission in respect of the Petition Fee
the form is here
https://www.justice.gov.uk/downloads/forms/hmcts-fees/ex160a-eng-upto-6.pdf
Once that is underway she can apply to the court for the Financial issues to be dealt with via a Transfer of Tenancy at which point her husband will no longer be entitled to live there
Alternatively she can apply for an Occupation Order based on the fact that the way that he treats her and the children (his refusal to care for the older two) means that harm is being done to the children
the case reported here will help
http://www.familylawweek.co.uk/site.aspx?i=ed43513
I hope that this is of assistance - pleas ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your reply which has helped a lot. I will pass this information on to my daughter.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare
Customer: replied 3 years ago.

One last question, can you tell me roughly how much it will cost to apply for an occupancy order. Thanks

Expert:  Clare replied 3 years ago.
Hi
They are not easy to do in person and the legal costs could be about £750 or so
Clare

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