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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2539
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am sorry this is a very long winded and complex situation

Resolved Question:

I am sorry this is a very long winded and complex situation to explain but here goes in hope!
My partner Sarah currently lives in the matrimonial home jointly owned by her and her ex. she filed for divorce due to numerous issues of unreasonable behaviour and has a decree Nisi though financial settlement is far from being reached and has turned very nasty. He moved out into rented however the tenancy expires on the 5th May and she fears that he has made no arrangements and may simply move back into the home on or around that date.
Her daughter (14) has very severe issues and has been under the care of mental health services for some time . she can be both verbally and physically aggressive toward Sarah and is currently living full time with her dad although that relationship is also very strained and has led to her running away on at least one occasion. Her son (12) has a serious condition Ulcerative colitis which is made much worse by stress. Sarah fears that if he moved back in the situation would be intolerable and potentially very risky to her son's health.
We do not know what to do for the best and it is possible I would look to stay over ( sleeping separately to my partner ) could he prevent this ? Is there anything that can be done to prevent him moving back in the first place ? If Sarah moved out would this disadvantage her as she requires the monies from the sale to find a new home. He has refused to agree to the house being marketed but suggested he will force it into an auction ( this is potentially just a threat to force Sarah to accept a buy out at a reduced value) can he do this or is would a court take the view that it is reasonable to market it traditionally in the fist instance for a reasonable period of time and force him to agree ?
Sorry , did warn you!
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Have financial relief proceedings commenced, and if so when and what is the next hearing?
Customer: replied 1 year ago.
I am not entirely sure what is meant by financial relief proceedings however I can confirm that no court proceedings have yet been issued. The two parties have tried to resolve amicably and have put forward offers and counter offers however we are now expecting this to fail and proceedings be issued.
Expert:  Harris replied 1 year ago.
Thanks for confirming. There are two issues - the return of her ex-husband and the settlement of the finances and In relation to the potential return of the ex-husband to the former matrimonial home, at the moment he is free to return as he has a legal interest in the property and a right to occupy it. This can only be prevented by a court order and if she feels that the children will be put at harm or there will be concerns about their health due to his return she can apply to court for an occupation order which can state that only she is to live there and it will exclude him from returning. This can be done under Form FL401 to her local family court.In relation to the financial settlement, if no progress is being made through their own negotiations then she needs to consider applying to court for financial relief proceedings under Form A and a £255 court fee. The court proceedings will put a strict time frame and compliance for dealing with the settlement as well as the sale of the home. At the moment neither can force marketing of the property as it is jointly owned, however a court can give directions on how this is undertaken and sale by auction will be highly unlikely.I hope this clarifies matters. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Law Specialist
Category: Law
Satisfied Customers: 2539
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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