How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

Can I get a restraining order against my ex-wife who still

Resolved Question:

can I get a restraining order against my ex-wife who still keeps on showing up at my flat (solely owned by myself). The financial proceedings are in place however the decree absolute was granted on the 25th of may. while the divorce proceedings were in place she used to dissappear for 4-6 weeks at a time but now she shows up every evening after the decree absolute has been granted. Can i do this only after the home rights notice has been vacated or could i put her on notice while I apply for the home rights notice to be vacated as it will take upto 8 weeks. many thanks
Submitted: 9 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 9 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

As Decree Absolute has now taken place - your ex no longer has the right to occupy the property.

You should simply change the locks so that she cannot gain entry.

If she continues to attend - call the police and ask for her to be removed.

If she continues the police may themselves issue a harassment act warning. If they do not then you can consider applying to the family court for a non molestation order.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 9 months ago.
even if the financial order proceedings are still pending and a date has been set for the first appointment hearing in 4 weeks time.
Expert:  ukfamilysolicitor replied 9 months ago.

Hello

Yes. Decree Absolute means that she no longer has a right to occupy because the house is in your sole name.

The Decree Absolute doesn't prevent her having a claim in respect of the property as part of the matrimonial finances - which will continue to be dealt with in the matrimonial proceedings - but she does no longer have a right to occupy.

Kind Regards

Caroline

Please kindly remember to star rate our service so that we receive credit for helping you today

Customer: replied 9 months ago.
Is the home right's notice invalid now. Thanks
Expert:  ukfamilysolicitor replied 9 months ago.

Hello

You can apply to have the Homes Rights Notice removed using this form and enclosing a certified copy of your decree absolute:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490285/HR4.pdf

Kind Regards

Caroline

ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions