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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Re our daughter's situation. (1) Is a divorce legal if

Customer Question

Re our daughter's situation.
(1) Is a divorce legal if the original Marriage Certificate was not used at the time of the divorce?
(2) If she is considered "Lacking Mental Capacity" and has been coerced and taken by her ex-mother-in-law and ex-brother-in-law to visit their solicitors to remove her name from the Land Registry, having being denied legal representation, legally binding and if not, how can we challenge to get this reversed?
(3) With no spousal/financial settlement (after 20years of marriage) and 4 children, aged, 20, 17, 12 and 10 (no financial consent order was made as she was denied the right to see a solicitor). The two youngest children have been taken to Spain (when their divorce papers clearly states that the children should reside with her until 18) to live with her ex-husband, his new wife a son from her former marriage and their new baby. She has not been given the address of where they are living, and only get contacted via skype.
(4)She does not have a job, little prospect of getting one due to her mental frailty, nowhere to live, is dependent on the State for support and is currently in the process of being removed from the property.
(5) As outlined above, as her parents and the children's grandparents what can we do legally?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist.
I am sorry to hear about what has happened.
Please may I ask a few questions:
- when was she married?
- is the divorce officially finalised?
- was there a financial settlement or a clean break?
- when were the youngest 2 taken to spain?
- did your daughter consent to this?
- were the children living with your daughter until they were taken to spain?
- are there any court orders in relation to the children?
- why do you think that she might not have capacity?
Kind Regards
Caroline
ps I just need to go out - so it may take me a while to give you an answer once I have your responses.
Customer: replied 1 year ago.
- Approx 20 yrs (can get exact date from the original Marriage Certificate in our possession)
- Yes - paperwork was downloaded from the internet, filled in by her ex-husband and she was made to sign them
- No
- 12 year old in September 2015, 10 year old 1st January 2016
- She had no choice in the matter
- Denied legal representation
- History of mental illness as a result of physical, emotional, financial and psychological abuse
- Yes
- No legal representation
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
Can you kindly eloborate on a few things for me.
Was the financial order a clean break? When was this?
What do the court orders say about the children? Did the court approve the move to Spain ?
Kind Regards
Caroline
Customer: replied 1 year ago.
- There was no financial consent order made as she was denied access to a solicitor (see 3 above).
- The divorce was around April 2012
- The divorce papers stated that the children should reside with her in the UK until they are 18 years old and he would live nearby and have access.
- The Court have no knowledge of them living in Spain.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
It is now my understanding that although the divorce was finalised there was no financial order made. If this was the case and your daughter has not remarried then she can make a claim in respect of the matrimonial finances as long as she has not remarried. In this respect please can you confirm what the matrimonial assets were?
In relation to the children - I am still a bit unclear as to how they have managed to travel to the father in Spain over a 3 month gap without the mothers consent. Can you expand further for me. Who were the children living with at the time? Who took them over? Why at different times?
Kind regards
Caroline
Customer: replied 1 year ago.
With regard to the children - the children lived with their mother, but her ex-husband travels backwards and forwards from Spain, Germany and Egypt (he works for VITA Institute). His mother also lives in Somerset and given our daughter's mental frailty, she was just told what will happen and when - she had no say in any decision made.Her counsellor writes - "Psychological symptoms include:
- Post natal depression, left undiagnosed since the birth of her first child and triggered by subsequent childbirths
- Insomnia, lapses in concentration and focus
- Post traumatic stress disorder including flashbacks, panic attacks, defence reactions, flattening of emotions; possibly caused by long term abusive and violent behaviour inflicted by her then husband"She has been very reluctant to divulge the personal experiences she has suffered, which in my view, demonstrates a manipulated and brain-washed mind. She has recounted many situations where she felt fear of her then husband and has been anxious not to displease him. Most recently, when he had told her he was coming to collect his things so he can sell the house where she lives with her daughter, she was worried that his books would be clean enough."Adam was taken in September as he was due to start Secondary school and Mariam was taken on 1st January after apparently looking up a website for partial suicide and drinking bleach.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this information.
Where the children just taken without the mothers knowledge?
The actions of the father could be considered as child abduction but I think the circumstances need explaining further.
Did the mother agree to say a holiday and then the children were not brought back?
Please explain for me.
Kind regards
Caroline
Customer: replied 1 year ago.
Please understand, there was no consultation - she was told it was going to happen and her consent was neither welcomed nor of any relevance The children went on holidays as he requested, but again, I reiterate, any decision as to what happened when or how did not include any suggestions on her part as anything she said was summarily dismissed.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
Providing consent for a holiday is somewhat different to the father keeping the children permenantly without the mothers consent when the home for the children is in the uk.
You daughter should seek specialist help immediately for the children to be returned. I reccomend that your daughter contacts Reunite:
http://www.reunite.org
They have a helpline and I advise that your daughter rings them ASAP
In respect of the Matrimonial Finances your daughter can still make a claim and from what you have said I consider that it is likely that she may get legal aid if she can convince her GP that she is suffering from stress as a result of her husbands behaviour. See this link and print off the template letter and get your daughter to take it to a GP. If the GP completes the letter then take it to a Legal Aid family lawyer so they can assess her financial eligibility then assist her to make a claim in respect of the matrimonial finances.
https://www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence
Kind Regards
Caroline
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Customer: replied 1 year ago.
You still haven't answered our original questions.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
1) Divorce can commenced utilising a certified copy
2) The court are not going to revoke the divorce on this basis.
3) as advised a financial claim can still be made
- in respect of the children - please follow my advice
4) get the GP letter - seek advise about making an application for support from her ex by way of maintenance pending suit
5) advice as per posts
Please do not hesitate to ask if I can assist further
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.
Please address (5) of our request - given her mental frailty and fear of antagonising her ex-husband, what can we do legally, as her parents and grandparents of the children to help?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Your daughters fraility is not going to get the divorce overturned. This is simply not an option you can pursue.
The stress that your daughter is suffering might help her get legal aid as I have detailed for you.
Does this clarify?
Kind Regards
Caroline
Customer: replied 1 year ago.
We are not trying to overturn the divorce, what we would like is to legally act on her behalf to get the children back, get her somewhere to live and secure a settlement.
Expert:  ukfamilysolicitor replied 1 year ago.
Ok - I would advise:
The first step is to get the Domestic Violence evidence. Take this to a Solicitor. They will then be able to assess her capacity and ask for a certificate completing from her GP if they have concerns. If she doesn't have capacity then you can act as her litigation friend.
Please do however be aware that not having capacity is very rare. This is a basic test of understanding and does not really concern mental health and a basic level of understanding is enough to have capacity.
In relation to children matters - there is nothing to stop you calling reunite on your daughters behalf.
Does that assist?
Kind Regards
Caroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome
I hope things are resolved.
Please ask if I can assist further
Kindest Regards
Caroline

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