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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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1. My daughter married her long term (5 year) partner in April

Resolved Question:

1. My daughter married her long term (5 year) partner in April this year. They have now separated and my daughter is now with us. Since the marriage, because of physical problems experienced by my daughter and treated by her doctor before the marriage, they have not had sexual intercourse at all. Can she apply for an annulment on the grounds of non-consummation? If so, what evidence could we produce to satisfy the court?
2. As regards ***** ***** are very few. My daughter inherited £10,000 from her grandmother in 2011. With some expenditure and savings this figure now stands at £13,000. I understand that my son in law has saved some £5,500. Their house is rented. The household effects are minimal, primarily a bed and a suite, which my daughter is buying on interest free credit. My daughter also inherited a car from her grandmother. She traded this in for a new car shortly before the marriage on the normal type of three year lease under which you either return the car or pay a lump sum to keep it at the end of the three years. My daughter provided the deposit (the old car) and they share the finance payments. All these assets are in my daughter’s name. My son in law cannot obtain credit as he has a county court judgement against him. Does he have any claim on the assets?
3. Can my daughter require her husband to continue paying his share of the rent on their former matrimonial home until the notice on the lease expires?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Who is currently living in the rented property?
Clare
Customer: replied 2 years ago.

The husband is, but he says he will move out at the weekend. My daughter does not feel that the property should remain empty and she is thinking of moving back in. They do have to give notice on the lease _ I think she has done this, but I assume they are jointly and severally liable for the rent until the lease is cancelled. I may be wrong of course.

Expert:  Clare replied 2 years ago.
Hi
How much notice do they have to give?
Clare
Customer: replied 2 years ago.

We think it is two months. Certainly no more. It may only be one month.

Expert:  Clare replied 2 years ago.
Hi
Why does she wish to consider an annulment rather than waiting a few moths and having a divorce?
Clare
Customer: replied 2 years ago.

We are considering all options. Is an annulment not a good option?

Customer: replied 2 years ago.

Not clear whether this response has got through. We are considering all options. Is an annulment not a good option?

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
Frankly no - it is a more complex application which will take longer and will not change the financial outcome
In any event it is not an option available to your daughter as it is her inability that is the problem.
They are both responsible for the rent until the end of the contract - but if one of them is living in the property then that person should pay the whole amount.
Whoever is having the bed and the suite shoudl also take on the debt
The Car is a joint asset and the current value (less the outstanding debt) should be shared between them with one buying the other's share
Since they both having savings and your daughter inherited hers from her grandmother it is likely that they will each keep their own.
In April next year your daughter can start divorce proceedings based on her husbands unreasonable behaviour
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
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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