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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I need some advice about my ongoing separation.

Customer Question

Hi,i need some advice about my ongoing separation.
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

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

How old are the children and when did you last see them?

Customer: replied 4 months ago.
Children ages are 5and 2.
I have applied for content,which is under process.
Customer: replied 4 months ago.
I haven't seen them since last December.
My wife is trying to get order againt me so i cant see my children.
Customer: replied 4 months ago.
What should i do to defend my self against her lies and fals allegations?
Expert:  Clare replied 4 months ago.

When did you apply for Contact and who far has the application reached?

Has your wife started divorce proceedings?

Customer: replied 4 months ago.
I have applied 2 months ago but i had to attend mediation,before going to court.i attended that meeting with mediator.
And explain everything,
They asked me do you think your wife will attend any meeting with us.i said no
Then they farward my case to court on 5th of june.
Expert:  Clare replied 4 months ago.

Ok

has your ex started divorce proceedings?

Customer: replied 4 months ago.
No she haven't yet.
She trying to get occupation order,because i have asked her to move out from my buy to let property and move in to residential property.
But she doesn't want to move out from that house because it's worth more then the other house.
From last 4years we were living in my buy to let property. Because her parents were living in my main residential property we let that property to them because thay had nowhere to live.Sine we split they have moved in with her.basically she trying to give her family a rent free accommodation as much as she can by keep me away with all these false allegations.
Expert:  Clare replied 4 months ago.

For clarity - there are two properties involved - who is living in the other one?

How much are the properties worth and how much is outstanding on the mortgage?

Customer: replied 4 months ago.
The property she is living at worth 120k and mortgage outstanding is 68000.
And other property is worth 75k outstanding blance is 65k its 2bedroom house.it is empty at the moment i am living with my parents.my argument is that she should move in to 2bedroom house and let me have 3bedroom house so i can let it.if i let the 3bedroom house i can get 600 a month which will cover both of the mortgage's and she can live rent free as long as she wants with my kids.
Expert:  Clare replied 4 months ago.

What other assets are there including pensions and what income do you each have?

Customer: replied 4 months ago.
She has some jewellery worth 15k other then that no saving no pension.
Customer: replied 4 months ago.
She never worked.i was working as self employed but I can't even do that because of her.
The car i was using for work she kept.i couldn't go to collect it because i had ordered against me.
Expert:  Clare replied 3 months ago.

Has she actually applied for an Occupation Order?

Customer: replied 3 months ago.
Yeh she has my solicitor has been on direction hearing at 21june
Expert:  Clare replied 3 months ago.

Did you not attend?

What happened?

Customer: replied 3 months ago.
Hearing after another hearing
Expert:  Clare replied 3 months ago.

Sorry?