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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 1355
Experience:  LLB (Hons)
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I am in a situation where I am going to leave my husband

Customer Question

Hi there, I am in a situation where I am going to leave my husband because of sexual abuse in our marriage. He rapes me while I am asleep and I plan to gather evidence to this effect by placing a camera in our bedroom. We have a house together (50/50 ownership) and a son who is 9 months. I quit my job to raise our son and he pays our mortgage, however my parents gave us our deposit which is around £350k. We have lived there only 6/7 months and the mortgage is around £4.6k a month. Two questions. If I prove he is guilty what will happen to custody of my son? I want sole custody. What will happen to my money with our house. Thank you
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: London
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Family Law
Expert:  SASH_Law replied 4 months ago.

Hi, I'm Lea and I have reviewed your query.

Was the money from your parents given as a gift to both of you, or was it conditional?

Customer: replied 4 months ago.
It was a gift
Customer: replied 4 months ago.
It was transferred to me (personally) and I transferred it to our joint account
Expert:  SASH_Law replied 4 months ago.

The starting view that the courts take is that property acquired during the marriage can be shared on a 50/50 basis, with the court taking the factors of s25 of the Matrimonial Act 1973 into consideration in deciding whether either party should get more or less. The fact that your parents gifted the money means it will be considered as a gift to both of you - unless you can prove otherwise.

Child arrangements are taken separately from the divorce in the sense that the best interests of the child are put first and foremost in court proceedings. The court will make a decision based on the child's best interests, which on the whole do not include one parent getting 'sole custody' (there's no such thing in England). Parental responsibility, which both you and your husband share, is something that is not lightly taken away from any parent, and their behaviour would have to be so dangerous towards the child that it would be in the child's best interests to no longer have that link. It's a very high bar to meet.

With regards ***** ***** husband's behaviour towards you, you should report this to the police now. Setting up video evidence would not necessarily assist your case as your husband is very likely to say that you set him up and it was all planned. I would strongly suggest that you speak to the police about this as it is clearly a criminal act. You could also seek a non molestation order and an occupation order to keep him away from you whilst the divorce is being resolved.

Please accept and rate positively using the five stars at the top of your page. If you need to ask clarification questions, please do.

Expert:  SASH_Law replied 4 months ago.

Hello, can I just check that you received my response.

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Expert:  SASH_Law replied 4 months ago.


Expert:  SASH_Law replied 4 months ago.

Do you have any further queries pertaining to this?

If not, I would appreciate you rating positively so that I am credited for the time spent assisting you. Thank you.