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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my husband due to adulty on my part! My

Customer Question

I am separating from my husband due to adulty on my part! My name is ***** ***** the mortgage but we have a 5 year old son, what are my rights???? I am currently receiving help regarding being diagnosed with a mild form of bipolar, can he use this??? He has used physical violence towards me, with my son in the house, what am I entitled to??
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Please confirm that you are in England or Wales.
If you are, you will have matrimonial home rights in relation to the family home provided it is in your husbands sole name. It does not matter if your name is ***** ***** the title. This allows you to occupy the property and have rights to a share in a financial settlement.
Due to the domestic violence you will be able to pursue an application for a non-molestation and occupation order at your local family court under Form FL401. The non-molestation order will prevent any further contact or violence from your husband and the occupation order will state who lives in the property. Due to your needs and if you are the main carer for your son, it will support the need for there to be an occupation order in your favour, and for your husband to be excluded from the property.
Furthermore, if divorce proceedings are issued you will need to proceed with a financial settlement which will consider both of your full financial positions and assets, as well as your needs and how the assets should be best divided to provide a fair settlement.
Please let me know if you have any further questions regarding this.
Customer: replied 2 years ago.
Where do I stand with my bipolar??? Although mild!!!
Expert:  Harris replied 2 years ago.
Your mental health should not impact such family issues, although it may mean that your needs would be higher - but this would be dependant on the severity of the concerns.
Customer: replied 2 years ago.
the severity of my bipolar is low and I'm due to see the mental health team regarding me being on the correct medication to control it, could you please clarify my needs being higher?
Expert:  Harris replied 2 years ago.
Needs as in if due to your mental health issues you required support, specific housing needs and/or specific treatment which you will not be able to afford without financial support from your husband.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.