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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 726
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Divorce advice needed - I have 2 children ages 3 yrs 9 months

Customer Question

Divorce advice needed - I have 2 children ages 3 yrs 9 months and 23 months. I was married in india 6 years ago, not registered in UK however the marriage legal document (from india) is in English.
I have 1 property in UK (mortgage paid by me and 50% of deposit). I also have 2 properties in india (solely bought by me before marriage).
1. What is the procedure for divorce
2. I want sole custody of children - is that possible?
3. What are my rights regarding the 2 properties in india?
4. There have been 6 instances of physical violence (last one on 7th Jan 15). I however have no evidence (took a photo of wounds last time but has been deleted by husband).
5. What would be the fee?
6. Can I personally meet someone to talk?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question. I am a family solicitor and can help.
I not able to meet with you but I am able to answer your question by responding to your message - is this acceptable to you?
If so - please can you tell me - is your husband also in the UK?
Kind Regards
Caroline
Customer: replied 1 year ago.

Yes. .he lives with me currently and works in UK. He has an indefinite leave to remain passport while my kids and I have British passport.

The house is in my name

Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for this information. I will prepare a response for you today.
Kind Regards
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response. My apologies for the delay in responding to you. I have had quite a busy day. Thank you for your patience.
I note that you have not yet started divorce proceedings.
In relation to divorce - you can choose to divorce for 1 of 5 grounds: Adultery, Unreasonable Behaviour, Desertion, 5 years separation without consent or 2 years separation with consent. Unreasonable Behaviour is most commonly used - you will need to detail 6/7 reasons why you can no longer remain married to your husband. This type of petition can still be amicable - you can use reasons such as 'didn't pay me enough attention.' You can choose to detail the domestic violence if you wish too. Please note that if your husband does choose to contest then you would have to prove the same.
The current divorce petition fee is £410. You will need to send your marriage certificate to the court with your application. You can obtain the form you need from
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115
The courts have a fee remission scheme. If you fill out Form Ex160 with your application then you may be eligible for a fee remission/ reduction.
Once your petition has been lodged at the court then your husband should acknowledge receipt within 7 days. If he confirms that he does not seek to defend the divorce then you can apply for decree nisi. Once this has been pronounced - you wait 6 weeks and 1 day and then you can apply for decree absolute.
If your husband doesn't acknowledge your divorce petition - then you will need to have him personally served with the court papers. The court bailiff service can do this for £110. You may find a process server near you whom may do this cheaper.
In relation to the matrimonial finances - 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 ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. Everything is included in disclosure - including your properties abroad.
You should consider making a referral to a specialist 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
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future.
Once you have obtained decree absolute then your divorce is finalised and you are free to remarry.
In relation to your children - it is your children's right to have a relationship with both parents - as long as there are no child protection concerns. I note that you husband has previously been violent towards you. It may be that you are content that he would not act in such a manner towards your children and therefore you may be able to agree a schedule of the time that your children can spend with their father. If you are concerned then you have a duty to protect your children - so you should consider if their is a suitable third party - who could supervise.
If your husband agrees that your children should live with you - then you do not need an order to confirm this. The courts have a 'No Order' principle and they will therefore not make an order unless they consider that it is in your children's best interest to do so.
Mediation can help you and your husband agree a schedule in relation to the time that your children spend with both parents. If matters can be agreed then an application can be made to your local family court - using Form C100 - asking for a Child Arrangement Order.
If your husband doesn't return your children to you following spending time with them - then you can attend at court urgently and ask for an order for your children to be returned to you and also a prohibited steps order preventing your husband removing your children from your care in the future.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful if you could kindly rate my answer.

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