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Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.
What would you like to know specifically?
You are married so have a legal right to live in that house. He cannot make you leave. You also have a daughter so if the court decided then it is likely you would be allowed to live there with your daughter and your ex to move out.
A legal separation means you are still married but legally you can live apart. You can also ask the family court for a financial order if there are assets to split.
It'd be the case that if there was some form of abuse (physical, psychological) then you can apply for an occupation order to the court meaning the court can order him to move out. Your ex may refuse but you can still apply - an order would be imposed on him if he didn't agree
I presume you are both on the deeds to the property. So does he want full custody where your daughter lives with him? How old is your daughter?
If custody is to be considered then the welfare checklist of the child is relevant :
Thanks, ***** ***** you pay towards the mortgage then you can ask the court to recognise your contributions - if you wanted a share from the house so you can move on then you can apply to the court.
Were the Police involved with the abuse?
Thanks, ***** ***** claim sole custody if there is a dispute as to who your daughter should live with.
I suppose the most pressing issue is what happens next with you living there. You can still live there and he cannot kick you out. This is the case despite the fact you applied for a separation. It may be an idea to try mediation but it doesn't sound like he would entertain that. If not and as the Police were not previously involved, you need to at least contact a mediator - if your ex does not engage then you can apply to the court for a financial order or a custody order (or both).
To find a mediator in your local area, use this site :
If he makes life difficult then you can apply for an occupation order with a non-molestation order (a type of injunction).
At decree nisi the court agrees you can divorce (for a separation the equivalent is a decree of judicial separation).
You would then need to apply for decree absolute after decree nisi (to make the divorce final) but to ensure you have a share of the former matrimonial home and any other assets then you should apply for a financial order before decree absolute.
To apply for a judicial separation, the site is here: https://www.gov.uk/legal-separation
To apply for a divorce, the site is here: https://www.gov.uk/divorce
And for information on a financial order: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order
Finally, if you need money before the divorce finalises you can apply for “maintenance pending suit”, which means you ask the court for an order that your ex pays you support to help with bills and so on before the case finishes. You will need an application form under Part 18 of the Family Procedure Rules 2010 and the fee is £155. You would need to attend a hearing for this.
I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.
No problem, thanks, ***** ***** good day