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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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How does it take to start legal proceeding legal

Resolved Question:

How long does it take to start legal proceeding for a legal separation/divorce as my husband is starting to take stuff and recently has informed he is taking the log cabin.. i now know that if we are legally separated that is classed as an asset and he cant take it without my permission.. at the moment he can just take it as we have no legal situation at the moment. We been separated for 18mths and i have no money as he has been making me pay all the bills.. he was paying mortgage but now due to a row ive got to pay half from this month onwards.. feel vulnerable and feel he is manipulating our situation to his advantage whilst there is no legal restrictions at present
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. You can immediately start a divorce if you have reasons of unreasonable behaviour by him that led to an immediate breakdown of the marriage - this is done using a divorce petition and a £550 court fee. At the same time if you think he will start disposing of assets then you can simultaneously submit a Form A for financial relief as well as a D11 anf a detailed statement for a freezing injunction explaining what assets he is disposing and what evidence you have of this. The court fees are £255 and £155 respectively. All three applications can be taken to your local family court for urgent submission.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
I will be liable for all these costs.. i have no money to pay this.. he is going to to take the log cabin and hes been very manipulating as ive trusted that may be hed come back but he obviously knows legally that out us legall separated for divorced he can do all these things..
Customer: replied 1 year ago.
Easier to just let him have it then.. he has a property he rents and wants me to sign that over to him.. he says i have no rigjts to this as its his before we married.. if i went to a mediator to start legal separation would that help me to prevent him taking it
Expert:  Harris replied 1 year ago.

I woud highly suggest you do not agree to his demands as all these assets will need to be considered as part of a settlement.

If you have no disposable capital yourself you can apply for fee remission for each of the court fees - you need to complete one form EX160 for each application and the court will assess whether you should pay the fees.

Of course if you cannot represent yourself you will need to find legal representation which will likely be a bit expensive.

I hope this further assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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