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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8037
Experience:  Barrister at law
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I am in the middle of a divorce, it has been 18 mths and v

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JA: Hi. How can I help?
Customer: I am in the middle of a divorce, it has been 18 mths and v little progress.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have a solicitor but I would like to talk through my situation with someone else to make sure I’m getting good advice.
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: We went to Willesden court last year with an occupation order and a non molestation order. We then came to a compromise but he is not sticking to the agreement.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have 2 sons 7 and 9, I own the family home, my husband is emotionally abusing me and the boys, he is not engaging in the process.
Customer: replied 19 days ago.
We are all still living in the family home, his behaviour is damaging me and the boys, and our relationship. We have a court date of 14 July for first stage of financial agreement, and we’re due to have a round table on 8 June to try to reach an agreement in advance but his solicitor has not submitted papers yet. He is doing everything he can to prolong the process.
Customer: replied 19 days ago.
My solicitor has advised that we should focus on the financials so that I can sell the house and physically separate, and that pursuing the occ order and nonmol will distract and delay and cost. But it’s going to be at least another 6 mths until the house even on the market. I would like to know what the other options are, how to physically separate sooner.

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Customer: replied 19 days ago.
Hello, thanks for letting me know, please continue your search.

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Can you confirm if you are both in agreement that you are going to sell the house?

Can you also confirm that the occ order and non mol are not in place and what the compromise is that he is not sticking to? Is this in the form of undertakings, for example?

plclegal, Barrister
Category: Family Law
Satisfied Customers: 8037
Experience: Barrister at law
plclegal and other Family Law Specialists are ready to help you
Customer: replied 19 days ago.
Hello. No he does not want to sell the house (it is in my name, I paid the deposit and most of the mortgage, he has another house that we have used as a holiday home by the sea). I cannot afford to buy him out, I don’t think he can but me out, he has rejected my offer of 50:50 split but has not offered an alternative. We were due for a round table on Tuesday 8th but we have not received all the papers from his solicitor yet so am not sure it can go ahead.Correct re the orders, we have undertakings in place.

Great to speak to you.

In summary, we discussed a. putting the house on the market, as you can do this (but beware the home rights registration), b. renewing the occ order/ non mol application given that he is in breach of the undertakings given to court and c. the notion that you could simply move out, and work out the finances through the courts re the mortgage etc.

We also discussed child care and how this will need to be revised should you live in separate households.

Finally, we went over how direct access instruction works and this is something you could look to for representation - see here of one of the leading sites that offers this:

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.