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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I left my husband 2 years ago and it is right time to get

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hello, I left my husband 2 years ago and it is right time to get divorce.
my question is :
can i apply at same time to court for:
*occupation order
*financial order

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Will he be consenting to the divorce?

-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What property is the occupation order in relation to?

-Where are you both living now?

Customer: replied 1 year ago.
will be consenting, at the moment i do live with my new partner and he also have a new women.
- im 34 hi is 43
- 5 years thats include 2 years separation
-no children
- no assets we both have a joint mortgage, he said 2 years ago as i left house that he will transfer mortgage on his name. 2 years pass by and at the moment we both can face reposesion as he did not paid 6 payments. at the moment house is for sale at the local state agency. current mortgage outstanding 125k and that includes arreas of 3700 pounds. House is for sale at 135k. He simply dont want to pay anymore the mortgage but he still live in the house. Past 2 years i am living with my new partner.
- my after tax 1280pounds, his 1550pounds we do from time to time overtime.
- occupation order relation to his miss payments of the mortgage, he has done nothing to sort our house for the past 2 years so i he cant afford to live in it he have to move on as each month arreas are growing and in next few weeks months we can face repossesion which will damage my credit in future. I can move back to my home and i will be able to pay monthly mortgage as i am much more careful with money than my husband.
- i live for the past 2 years with my new partner he live at our house .

Thank you for the detailed information. To confirm, are you intending to pursue a return to the property (with your partner) and to occupy the property full -time and take on the mortgage solely?

Customer: replied 1 year ago.
I'll pursue to return and continue with mortgage. If for one or other reason bank will not let me have the mortgage on my own, my current partner is more than happy to join me on the mortgage

Thank you for confirming. In the circumstances it would be better to focus on the divorce and financial application and to seek a return to the family home if you can prove that you can maintain the outgoings on the home and take over the property.

Occupation orders are more difficult to obtain and you will need to prove that it is necessary, usually for interests of health and safety, to remove him from the property and for you to occupy it to his exclusion.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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