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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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I am acting in person divorce and am under daily verbal

Customer Question

I am acting in person for my divorce and am under daily verbal abuse from my husband over the financial settlement Next hearing regarding ownership of one of our assets is not until 31 st December and the. Judge will set a date to decide what the financial settlement will be I started proceedings in October 2014 and am at my wits end Is there anyway I can apply to the court to get this speeded up or apply for some help financially so that I can rent somewhere away from husband until this is sorted
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties that you are experiencing with your husband.
Please may I ask:
- is your house in joint names? Is it rented or owned?
- what are the other assets?
- I note that you are suffering verbal abuse? Please can you describe this further for me - what does your husband say? Does he threaten you? If so when was the last time he did this?
- do you have children? How old are they?
Kind Regards
Caroline
Customer: replied 1 year ago.

Dear *****,

Apologies for the delay. Something went wrong with the system last night.Our house is a farm and all the property and the business is in joint names. We own it outright and bought it in 2000 Value £950,000

The other assets are another piece of land ( which there is a dispute over ownership.) We originally bought the ground in 2003 with my mother i law as a third partner. In 2006 we bought her out for £10,000 plus a gift of the the rest of the value of her third of the ground which totalled £22000. The land was then in our joint names. I t has come to light that the family solicitor never did the transfer at the Land Registry and my husband is disputing the ownership even though all three of us signed the document and the cheque for £10,000. He has had a valuation of this land done which is £167000 but is incorrect and undervalued and I have appealed this. (Should be nearer to £280000) There is a court hearing tabled for 31st December for judge to decide on the ownership evidence. and the value. The judge will then set another date to decide on the financial settlement.

I first applied for a divorce last October and there have been 2 hearings so far one in July and one in September to try and get an agreement with my husband but he refuses to consider any of my offers.

We also have money invested in a joint life bond (since 2001) of £13000 and a loan to my husband's brother from this bond of £54000 has been repaid to my husband only.

My husband is disputing all of this as joint asset because he paid for the ground originally from a property he owned before we met (We met in 1995 and married in 1999)

We have one son who is 16 years old and still in full time education doing A levels

My husband tells me I am lazy and a thieving robbing b---ch. He tells me I am stupid and thick and am disliked by everyone in the neighbourhood. Unfortunately he has told a number of people in the area various things about our finances and that I own nothing and deserve nothing as he was the one who paid for the ground in 2000. He is insulting on a very regular basis and he does the same to our son at times..

I am finding it very difficult to live in the same house as him and to carry on being a business partner. I wondered if I could appeal to the court to get this speeded up

Thanks for any help you can give. Emotionally I feel at breaking point

Sally

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sally
Thank you for your response.
I think that the site went down for an hour last night.
I am very sorry to hear about the way that your husband is treating you.
Unfortunately the financial proceedings will have to run the course on the timetable at which they are currently scheduled. Which I appreciate is not what you want to hear - but the financial proceedings do have to follow a set process. You can by all means stress to the Judge at the next court hearing the difficulties the length of the proceedings is taking and ask that the matter is set for a final hearing as soon as the court possible can.
Whilst I appreciate that this is not want you want to hear - there are other options to you in respect of your current position.
The first thing I would advise you to do is to consider reporting your husbands aggressive behaviour to the police. If the police thought there was going to a breach of the peace then they may ask your husband to keep away for a night. If however the police charged your husband with an offence - then they are likely to put bail conditions in place which could prevent your husband returning home until the matter is investigated and dealt with - this could be several months.
If you decided to move out of the matrimonial home - then this would not affect your rights in respect of a claim in relation to the same. This might be an option if you can afford to live elsewhere until matters are resolved.
You could also consider applying to the court for an occupation order. Such an order would prevent your husband from utilising his right to reside in the property for a period of time - this is normally 6/12 months - which should be plenty to see you through to the end of proceedings. Occupation orders are not easy to obtain as Judges do not like making people homeless but Judges will make such orders when they are satisfied that the order is required and also that your husband has the ability to live elsewhere. The Form to apply for such an order is the FL401. There is no court fee payable. You would need to provide a statement with your application detailing everything that has happened and how your husband is acting aggressively towards you on a regular basis.
I also consider that you should contact domestic violence support services - have a look at this website:
http://www.nationaldomesticviolencehelpline.org.uk/
The support that such services offer is wide ranging from a simple listening ear, to a refuge place, to course and classes like cooking with ladies who have been in similar situations to you. You are certainly not alone and should not have to be abused as you are.
I hope that this helps you.
Please do not hesitate to ask if I can clarify anything for you.
Kindest Regards
Caroline
Positive feedback is gratefully received.
Customer: replied 1 year ago.

Dear *****,

You have been most helpful. My husband does have another place to live so I will try for the occupation order and also look up some local support. If I don't feel so alone it will get me through.

Many thanks

Sally

Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Sally
I wish you all the best
If you are happy with my service - I would be grateful if you could click on a smiley face so that I get positive feedback and credit for my work
Ps your question will not close and I will answer your follow up questions for free
Kind Regards
Caroline

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