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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1096
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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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: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year 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

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Customer: replied 1 year 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 1 year 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

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Customer: replied 1 year ago.
Is the home right's notice invalid now. Thanks
Expert:  ukfamilysolicitor replied 1 year 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

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