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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33945
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister is in an abusive marriage and wants to get out.

Resolved Question:

My sister is in an abusive marriage and wants to get out. Her husband is pilfering monies from the businesses and says she won't get her half. How can she leave him now and stop this happening and make sure solicitors will act fast and not drag their feet.
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How long have they lived together and are there any children involved

What assets are there

Customer: replied 9 months ago.
She was forced into an arranged marriage at the age of 17 and will be 54 I think on 5 Aug. They have 2 boys aged 34 & 27. The urgency is that her youngest son is going to leave home soon leaving her alone with her husband to do what he likes with no one there to stop him. Joint asssets roughly a nisa supermarket about 20 rentals current home 2 businesses that are being leased or rented and about 20 small rental properties but percentage of all of these are mortgaged.
Customer: replied 9 months ago.
Awaiting your reply
Customer: replied 9 months ago.
Have not received answer to question. Are you still processing it Claire?
Customer: replied 9 months ago.
They have lived together all her married life
Customer: replied 9 months ago.
Claire are we still connected or do I terminate
Customer: replied 9 months ago.
I am now terminating connection. Please ensure I have not been charged at all
Expert:  Clare replied 9 months ago.

I am sorry - we have to deal with our list in order and sadly every time you add a comment it drops to the bottom o f the list and I have to work down to it again

Expert:  Clare replied 9 months ago.

Are you aware that a phone call costs more?

Customer: replied 9 months ago.
Thank u for your reply. I have requested a phone but request has not been fulfilled
Expert:  Clare replied 9 months ago.

If your sister wishes to end her marriage then there is no reason why she should not do so.

If her ex tries to hide money from the businesses then there are sufficient assets that the family court can simply give her a much larger share of the remaining assets - and they will do so.

Of more concern is her physical safety if she is alone with him so it is important that she takes steps sooner rather than later.

There are ample assets to secure her future and there is no reason for delay

I am not sure what further information you need but if you let me know I will try and deal with it.

If you confirm that you are happy with the extra that the site charges for a phone call then I will accept that request

Clare, Solicitor
Category: Law
Satisfied Customers: 33945
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
I am happy please call
Customer: replied 9 months ago.
I don't understand. One minute a call is available and the next not. Please call when free
Customer: replied 9 months ago.
Please let me know before u call so the line is free
Customer: replied 9 months ago.
Claire so far your answer States the obvious. How does one proceed. What happens etc
Customer: replied 9 months ago.
Good night. Not happy with service result or my time taken up. You can charge me when your end of contract has been completed. Your trying to speak to too many people at once on my time.
Expert:  Clare replied 9 months ago.

Again I am sorry - we are all working lawyers with ordinary lives and I consider it too late at this time to call you.

However I will happily call you in the morning

The way forward is for your sister to find a family law specialist using the website here

www.resolution.org.uk

She needs to find a solicitor she can trust and work with - and if that means visiting two or three to start with then that is not unreasonable - she must feel confident in the relationship.

She may also wish to consider using a Collaborative lawyer

http://www.resolution.org.uk/collaborative_process/

Although from what you have said this would not be appropriate as it is unlikely that her ex will be reasonable

For the same reason Family Mediation

www.familymediationcouncil.org.uk

is not a viable option - although it is possible that she will need to attend a Mediation Information and Assessment meeting IF a financial applictaion needs to be made.

If it is safe for her to remain in the matrimonial home then she can start divorce proceedings based on her husband's Unreasonable Behaviour

You can read more about the divorce process here

https://www.gov.uk/divorce/file-for-divorce

However if he has or does make threats against her then she can apply for an Order allowing her to remain in the Matrimonial Home and Excluding him.

Expert:  Clare replied 9 months ago.

Do you wish me to call you now?

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