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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33301
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband been aggressive towards my 7mth old baby

Customer Question

My husband been aggressive towards my 7months old baby ( shaken her). due to no injury and no evidence police drop the charges. Will I still win the case for the injunction? He is on spouse visa and his "PR" is due in May2014. We both got joint mortagege and I had my own property before we got married ( Hardly any mortage left on my property) Can he make claim on my own property? we did signed prenaptual before we got married. your advise will be a big help. Regards, Sandy


 


PS - it has been 2years we are married.

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Are social services involved at all?
Clare
Customer: replied 3 years ago.
My own house is worth approx £130,999and mortgage left on that house is 35thousand. Joint mortgage house most of the deposit put by me it's worth of 270,000 and mortgage left is £180,000 social service has been involved they gave him agreement to sign that till they done risk assessment with him he can not go to the house but he has not sign the agreement yet. As he did denied the charges so police drop the case and social service said they can not force him not to come to house for long as it's his house as well.
Expert:  Clare replied 3 years ago.
Hi
Did your husband have legal advice before the prenup was signed and was it signed at least 28 days prior to the wedding?
What income do you each have?
Clare
Customer: replied 3 years ago.
Yes he did and it was done before 28days of marriage. He had promotion 2months back so he is on 40,000 a year and mine is 25,000 a year. Thanks
Expert:  Clare replied 3 years ago.
Hi
has he threatened to return to the property?
Clare
Customer: replied 3 years ago.
He has not thearten me but I know soon he would like to come back as social worker told me that he wants is to have mediator( marriage councilor ) but I do not want to live with him as I do not feel that this is safe for my daughter.
Expert:  Clare replied 3 years ago.
Hi
Did he ask about a Marriage counsellor or about Mediation - mediation is about discussing how to end the marriage not prolong it
Clare
Customer: replied 3 years ago.
Oh ok! But social worker said that he wants to find out what is happening wrong in our relationship.
Expert:  Clare replied 3 years ago.
Hi
Are you willing to start divorce proceedings?
Clare
Customer: replied 3 years ago.
Not sure at the moment that's why I want to know what options I got?
Expert:  Clare replied 3 years ago.
Hi
Where is your ex living at the moment?
Clare
Customer: replied 3 years ago.
At his friends house
Customer: replied 3 years ago.

he is living with his friend

Expert:  Clare replied 3 years ago.
Hi
What evidence is there of the assault on the child?
Clare
Customer: replied 3 years ago.
There is no evidence as three of us were upstair and he was not very load that time. My mom was in the kitchen and brother was watching tele.
Expert:  Clare replied 3 years ago.
Hi
I assume he denied it?
Clare
Customer: replied 3 years ago.
Yes he did!
Expert:  Clare replied 3 years ago.
Hi
I have to be honest and say that it will be difficult to get an Order excluding him from the property based on this event - which was only witnessed by you and which he denies.
I am not saying it will be impossible - but it will certainly be a gamble unless Social Services express concern in writing
With regard to the financial issues the fact that the marriage was short and you have a child makes it unlikely that he will be granted a share of the property that is in your sole name - but he has a clear financial claim on the matrimonial home
I hope that this is of assistance - please ask if you need further details
Clare

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