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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14142
Experience:  I have been practising for 30 years.
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Assistant: How can I help? Yes please Assistant: Where is

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Assistant: Hello. How can I help?
Customer: Yes please
Assistant: Where is this? It matters because laws vary by location.
Customer: Uk
Assistant: What steps have been taken so far?
Customer: Applied for divorce
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: There's been abuse in the relationship, we 3 children in the marriage and I have an additional two from the previous relationship. We are both joint on the mortgage
Customer: replied 16 days ago.
Do I have to move out of the property with my children and what are my likely options?

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore I maybe delayed in replying.

how long have you been together and married in total?

how old are the children? and you are the main carer?

can you afford the mortgage and bills if left in property?

have you been to Police about the abuse? are you frightened?

what is your preferred outcome if possible?

Customer: replied 15 days ago.
Good afternoon
We have been married since 2009.
I am the main carer for the 5 children, twins who are 14yrs old, 9yr old, 6yr old and 1yr old.
It would be affordable if I get maintenance eventually from him.
I've not involved the police, but I'm getting support from women's aid group. I'm more frightened of the mental aspect of the abuse, which has and is having an impact on the 14yr old.
I would prefer not to have to move with the children, as that's the only option he gives me.

If you want to move out of the property with the children to “escape” then simply up sticks and leave.

If there has been mental abuse but no physical abuse, you can always apply to court for a non-molestation order to prevent him coming within 100 metres of you and an occupation order for him to move out of the house.

 

He would then be responsible for child maintenance but you would be responsible for the mortgage and the bills.

 

Once you have started divorce proceedings (not at all difficult to DIY) you can also apply for a financial order in respect of the eventual division of the marital assets and spousal maintenance.

 

You have a one year old child and therefore Unless a sale of the house produces enough money for the parent looking after the child(ren), the resident parent, until the youngest reaches 18 and produces a surplus for the non-resident parent, the sale of the house is not on the cards until the youngest child reaches 18.

 

Both parents are under a duty to provide a home for dependent children until they reach 18. Only then would the house be sold.

 

It would not matter whether the house was in his name or joint names.

If it is in his name only you need to register a Matrimonial Home Right notice against the property. It is free. You only do that if it is in his name only.

 

I said earlier that you can apply to court for a non-molestation order to prevent him coming within 100 m of you and an occupation order for him to move out of the house.

Here are the government webpages on exactly this subject. https://www.gov.uk/injunction-domestic-violence

 

There doesn't actually have to be physical violence per se because there can be coercive behaviour for example as you will read in this excellent article: https://rightsofwomen.org.uk/get-information/violence-against-women-and-international-law/domestic-violence-injunctions/

 

 

 

This is one of the very few areas of law for which legal aid is available so it would be worthwhile seeing a solicitor assuming you can.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

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All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

 

F E Smith and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you so much for your response.
I have submitted the divorce papers. What are the other practical things i can do for now?
I previously had a solicitor earlier this year, and we struggled to get a molestation order. I can't afford solicitors fees and I think with some guidance I can get things done.
If my ex is asking for 50% of everything financially, where do I stand with 5 children. He will also fight to keep the 3 children from the marriage.
We have about 200k of equity in there property.