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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1184
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Are online divorces good. they are a fraction of the

Resolved Question:

Are online quickie divorces good. they are a fraction of the price. I havent much money. my husband is a bully and a controller. so i cant get out to see a solicitor. Is this a good idea. Myself and children need to get out of this situation. I have been
in refuge 3 times. and he has always convinced me to go back home with him. but im a lot stronger now. i even rang the police the other night, because he assaulted my daughters boyfriend in our kitchen in front of my 10, 13, and 15. year olds.(an unprovoked
attack i must add). so its took a long time, but thats it now.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
I am sorry to hear about the difficulties that you are experiencing with your husband.
Online divorces can help but you might struggle if your husband won't engage and it won't assist in relation to the issue of matrimonial finances.
I note you have been in a refuge previously. If the last time was in the last 2 years then you might be able to get legal aid to help with divorce and finances. Check out:
https://www.gov.uk/government/publications/get-proof-of-a-visit-to-a-refuge-to-escape-domestic-violence
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement. The normal rule is 50/50 division. The Matrimonial Causes Act sets out departures from this rule. Factors include the earning capacity for both of you for the future and future health needs. Future care of the children is also considered. You therefore might be able to argue a bigger share than 50/50.
It does not matter that the house is in your husband house. It is still an asset of the marriage. You should register a Matrimonial Homes Rights notice. This is free and you should complete form HR1 and send it to the Land Registry.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk. You can seek an exemption from mediation if you have domestic violence evidence.
If agreement cannot be reached then an application would need to be made to the court. You could ask the court to approve a clean break order. The current court fee for this is £255.
Kind regards
Caroline
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