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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33282
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How to defend and draw Undertaking against Non-Molestation

Customer Question

How to defend and draw Undertaking against Non-Molestation and Occupation order
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to help you but I need some further information first
Could you explain a little more about the background and what you wish to achieve
Claire
Customer: replied 3 years ago.

Hello,


 


Thanks.This is a case followed after police arrest for common assault and vandalism at home but wife got non-molestation and occupation order.Judge extended now for the third time but gave me additional time to submit reply.I dont know what to answer.She also claimed that years ago I attempted to force her to have sex with me while we married, hit her, shouted and demanded money fo gambling.I want to know which one to choose .I want desperately return home.If I choose to sign Undertaking what should I promise and how to draw it?


Thanks,


 


Intepreter

Customer: replied 3 years ago.

No joint children,married since 2004 and she has son of 22 years old from previous partner and he also provided statement when obtaining non-mol and occupation order

Expert:  Clare replied 3 years ago.
Hi
Where else could your ex live?
Claire
Customer: replied 3 years ago.

Its a joint tenancy agreement with housing benefit from council housing association.Her aim to get this flat on her name.After hearing in the corridor she said she is thinking to divorce.What are my chances to return home?

Customer: replied 3 years ago.

No,we are still married.no children.we are both British now.

Expert:  Clare replied 3 years ago.
Hi
How long have you lived together and who was living in the property first?
Claire
Customer: replied 3 years ago.

We were always living together and council flat was given to both of us with our both names but dont remember which year...

Customer: replied 3 years ago.

Is it worth disputing or better to sign Undertaking.If yes than what to write..I'll tell you tomorrow when we moved there

Customer: replied 3 years ago.

Can friend of mine represent me in county court who is not lawyer

Customer: replied 3 years ago.

Applied together apprpx in 2002-2003 for council housing and given approxomately same time

Customer: replied 3 years ago.

Hello,


 


Are you still there and willing to answer my questions or not?

Expert:  Clare replied 3 years ago.
Hi
My apologies I have been off line
Have you spoken to the council about the possibility of you each being rehoused in a one bedroom property?
Claire
Customer: replied 3 years ago.

Nothing done yet.But my intention is to return tomatrimonial home and sign undertaking.I dont want get divorced.Is it a problem?


 

Customer: replied 3 years ago.

Hello,


Any suggestions.Please answer my questions.

Expert:  Clare replied 3 years ago.
Hi
What actually happened when you were arrested?
Claire
Customer: replied 3 years ago.

Hi,


Sorry for late reply.She refused me coming to bed and as she constantlyhats with male on Facebook,I threw mobile phone on the floorseveral times it got broken now.

Expert:  Clare replied 3 years ago.
Hi
Ok
How do you think matters will go if you return to the property - given that she clearly wants the relationship to end?
Are there two bedrooms?
Will you be able to share the house without difficulty - these are all points the court will wish to consider
Claire
Customer: replied 3 years ago.

Yes.i think so.

Expert:  Clare replied 3 years ago.
Hi
When was the order actually made?
Claire
Customer: replied 3 years ago.


After arrest she applied to county court for injunction and keeps extending now for the third time(until 17.05 then 31.07.13 now until 08.08.13)

Customer: replied 3 years ago.


Is there any format how to respond or how to call it :Defence Statement?

Expert:  Clare replied 3 years ago.
Hi
Have you not filed a statement yet?
Have you been given permission to do so?
Claire
Customer: replied 3 years ago.

Yes, i ve filed already by myself .it was too late to get advice from you.so faxed it a couplehof hrs ago.


Tjanks

Expert:  Clare replied 3 years ago.
Hi
The problem that you face is that whilst you can give your Undertaking (basically a solemn promise not to do anything) to the Court the fact that you wish to return to the matrimonial home (entirely understandable) means that there is every chance of further court action in the future and the Court is going to have considerable concern about the safety of both you and your wife.
From what you have said the event that triggered the Order is simply not sufficient to justify an Order excluding you from your home - and I hope and suspect that the Judge agrees
I would hope that the Court will accept your Undertaking not to molest or assault your wife - but you also need to be aware that your wife can - and no doubt will - issue a Divorce Petition based one your Unreasonable Behaviour and that eventually a decision will have to be made as to how you will both be housed
I am afraid that whilst you can take a friend into court with you as a Mackenzie Friend they will not be able to speak on your behalf
I hope that this clarifies your position for you
Claire

Customer: replied 3 years ago.

I know the reason she does.Last year we bought apartment on her sister's name abroad who lives there..Upon return to the UK she became very cold, after she gained British citizen 5 months ago she became totally dissmissive and refused to travel with me and went alone to see apartment .I dont have any clue and dont understand what she is trying to do.She would held our joint account which was under her control and where i deposited every salary


Now she wants to keepe away and carefully planned this long time ago inn order to show me as abusive and gey away from me or ease her divorce.

Expert:  Clare replied 3 years ago.
Hi
Sadly that is not an unusual story
When you say that you paid for a property abroad how much did you pay and where is it?
Claire
Customer: replied 3 years ago.

The property was purchased fo £45.000 in Turkey.why is it imprtant where?


I dont understand why do you need where?


 

Expert:  Clare replied 3 years ago.
Hi
Where is important in trying to assess the likely approach of a court in determining the distribution of the assets and who should remain in the home within the financial side of divorce proceedings.
How was the purchase funded?
Claire
Customer: replied 3 years ago.

by cash.But we are talking about purchased appartment in Turkey or rented council flat in the UK?

Expert:  Clare replied 3 years ago.
Hi
Within the financial side of divorce proceedings the court will look at both - was it all your cash?
Claire

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