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Ask MARCUS Malin Your Own Question
Category: Family Law
Satisfied Customers: 804
Experience:  Consultant Solicitor at Setfords
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My husband has surprised me with a request for a divorce on

Customer Question

My husband has surprised me with a request for a divorce on Wednesday morning. He took some of his things and left the home we share with our two young sons that day. Last night, we told our children that daddy was moving out as that's what we'd discuss (and agreed upon) until at least June 16th (when we see a councillor - at which time we will reassess our options). He stayed away last night too. Last night we agreed that he would stay away in order to give each of us time to grieve/think/plan. This morning he announces in a text that he's changed his mind, is coming back indefinitely, and he's bringing a friend from out of town to stay for two nights because they have concert tickets for a festival tomorrow. I don't want him here as I need time to plan and think about what I'm going to do. We rent and both our names are ***** ***** lease. What options do I have? Must I just allow him to sleep on the couch?
Submitted: 9 months ago.
Category: Family Law
Expert:  MARCUS Malin replied 9 months ago.

Hello, my name is*****

I am sorry you are having a difficult time. Sadly there is no straight answer.

In 'Property Law' he would have the right return however the Family Court can made orders removing that right. The order made is known as an Occupation Order.

The general rule is that once left you should not be allowed return as it can destabilising for your and the children.

You would not be able to get an order in time however.

You should refuse him entry. If he causes a scene then you should call the police. The police would most likely ask him to leave to prevent a breach of the peace.

Depending on how responds you may then early next week need to obtain an Occupation Order. Hopefully though that will not be necessary.

I hope all goes well for you.