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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8002
Experience:  Barrister at law
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Is this a free & confidential service?
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Customer: I need help/advice with family law, court orders/occupational orders etc
JA: Where are you? It matters because laws vary by location.
Customer: Cambridge UK
JA: What steps have you taken so far?
Customer: Just called Women’s Aid for advice
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’m not able to chat immediately, is there a time I can arrange…
Submitted: 8 days ago.
Category: Family Law
Expert:  plclegal replied 8 days ago.

Hello, my name is***** for your patience.

I’ll do my best to assist you and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Expert:  plclegal replied 7 days ago.

Can you please set out what assistance you require? I can give general information or more specific advice, if you give more details.

Thank you.

Customer: replied 7 days ago.
How do I go about getting my husband leave from our jointly owned home, he will never leave off his own back?
We are only paying an interest only mortgage.
In 2013 he was charged with 2 counts of battery against me & subject to a restraining order. The sentence was reduced because there was intention to reconcile and have been back living together about a year after the charges.
This was initially an ‘arranged’ marriage, I hadn’t met him until I went to Pakistan on the wedding day, they said he was educated etc but that was not true. I was married off 8 months after my mum passed away & told it was what my mum wanted.
This is a complicated relationship, my brother is married to my husbands sister (this was first), & in hindsight I realised my sister in law pushed the marriage & kept me in the dark about everything for her families & brothers benefit of getting a UK visa.
My brother who is married to my husband’s sister is a solicitor & he is the one who actually represented my husband in court as his defence lawyer & he was able to see all my evidence & witness statements and etc which made everything worse because it was public for the family affecting honour etc etc! My brother is only interested in his in laws & my husband not me!
They’ve made me feel guilty because I called the police etc & got him charged so I’ve been making up for it by being kind & submissive again but to my demise again…
I now realise I’m not guilty he was guilty he did do wrong!
They are ‘bullying’ me to stay with him and shut up & put up because he’s “not that bad” & hasn’t given me any more bruises! My brother has 2 daughters but they would not even consider getting them married to an immigrant or have them support their husbands etc.
We share some of the bills but as is obligatory islamically he is not providing or maintaining me or my Daughters expenses.
He sends a big chunk of money by Western Union to his family in Pakistan & siphoning off the rest in savings. If he was paying all the bills & maintained wife & child as he should be Islamically he would have very little left in his pocket to send his family!
I’m strained, tired & fed up of being used and ‘abused’
His family in Pakistan don’t contact me or my daughter,they are only interested in their Western Union transfer from their son.
My brothers wife, my husbands sister doesn’t work & everything is provided for her & her children by my brother but it’s a different rule for me??!!
Anything I need I have to buy for myself and my daughter. Lately we’ve been begging him for things like my daughters clothes or hair cut but it’s humiliating asking and he mostly just ignores us. I don’t have a relationship or a companion he’s giving me anxiety and making me physically ill & I can no longer function at work. Everyone shows me love & respect outside of home but he belittles me and treats me like I’m a nothing even though I’m funding his life!His main reason for marrying me was because his sister wanted her brother in the UK to support her family etc, I have realised there is no love for me. I am tired of putting in all the effort and walking on egg shells and listening to him and his vulgarity towards me. He treats my like poo but it was me who got him here, pays his overheads & I support myself, I’m a lodger not a wife or mother, he wouldn’t care if I died tomorrow.
He came to the UK with a bag & I’ve got him where he is and put up with his abuse & now he’s behaving like a a top dog because he has money & my brother on side. I don’t care about money I want peace and happiness in my life for me and my daughter.
I am a scientist in Cambridge, I run marathons for charity, I’m not culturally inclined etc. I got him a British passport etc & a job & still maintain him.
We’ve been back together since the battery charges, he still has anger issues so we don’t approach him but lately he’s been more psychologically emotionally tormenting me or ignoring me if I ask him to help with mine or my daughters expenses.
Idon’t bother him because we get afraid he may lose his temper but ignoring him means he can get away with everything & continue to live the dream at my expense & unhappiness. He comes home from work laughing & whistling, like he gets a kick out of seeing me unhappy.
We don’t sit or eat with him.
I am becoming more assertive since I lost my brother in the last 6 months & that’s probably annoying/frustrating him? I no longer cook for him.
My daughter is 15yr olds.
Please can u let me know where I stand with my rights over home, daughter and how can I get him to leave? I’m certain he won’t go to mediation or the mosque Imaan for reconciliations but I think it’s past that now?
He only listens to his family.
I want to reclaim the life I deserve but I’m also afraid of family backlashes for even going as far as writing this!
However I also owe nothing to my brothers/family. I have some supporting sisters but they said I have to make my own decisions
Expert:  plclegal replied 7 days ago.

Thank you for all of the information - I appreciate how difficult this is even to just commit to the page.

So, there are two separate issues here. One is divorce (including the financial arrangements) and the second is the issue of occupation in the short term, of the family home. Obviously the long term would be decided by the judge in the divorce hearing, if not agreed.

Firstly, the issue of an occupation order. There is some difficulty, but it's not insurmountable. The fact you have been back together since the offences/ restraining order undermines your position and the need for urgency. However, as I said, it's not impossible to succeed in this case. You are the victim of an absuve relationship, with family pressures, and your narrative will show the court how you have been forced back into this situation whereas in reality you need to be given the space and freedom to work out your future away from the coercive control of your husband and family. So on balance I do think you have a good case for an occupation order.

It's the FL401 form that you need, available at www.gov.uk.

There's no fee for the application. You may qualify for legal aid but this depends on your bearings and assets and you would need to go through an application for that with a solicitor in person - my view is that you are clearly articulate and could represent your self in this case.

You would need to write a witness statement, to give the context.

As to the divorce - you have grounds under unreasonable behaviour.

All of the information on application is on the www.gov.uk website.

Regarding the financial arrangements, I'll give you the general pointers:

1. With property purchased prior to marriage or assets acquired prior to marriage, the starting point is that these are EXCLUDED from the joint asset pot.

2. With property or assets acquired after the date of marriage, the starting point as that this is INCLUDED in the joint asset pot.

3. It does not matter who contributed what during the marriage, all assets acquired after the date of marriage are considered to be jointly owned regardless of who paid what. This means one party will still own half of the asset purchased after the date of marriage even if the other party paid for it all.

4. Claims on pensions should be limited to a share of the amount accrued in the fund during the length of the marriage, with marriages that are relatively short, but with a longer marriage pensions are more often shared.

5. If you both work now, there should not be claim for maintenance. In the case where one spouse earns significantly more than the other maintenance could be an issue.

6. The court can depart from the general principles if it is deemed fair to do so and the needs of the parties dictate that it is necessary to do so. The needs of children are also relevant, and if you are your daughter's main carer you may be able to claim more of the assets as a result.

I hope this assists in setting out the legal framework for you?

Can I clarify anything further?

Expert:  plclegal replied 6 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 6 days ago.
Can I arrange a call?
Expert:  plclegal replied 6 days ago.

It is possible to request a call, of course. The site charges for calls though as they are a premium service.

If I'm not online personally at the time you post the request one of the other lawyers here will pick that up for you.

Customer: replied 6 days ago.
How do I go about putting things in motion, do I fill in the FL401 form or do I have to now see a solicitor in person.
I will make a call with yourselves when I can ASAP for further reassurance.
I am a apprehensive going through with this especially because of the family/cultural influences.
Expert:  plclegal replied 6 days ago.

You can complete the FL401 yourself, and submit to court in person.

I understand it will not be easy to do this, and we can arrange a call whenever its the right time for you to speak.