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marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 1583
66642005
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During my legal separation from my wife, I needed access to

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During my legal separation from my wife, I needed access to my house as I had been living in hotels for about 9 months.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I gave my wife warning of my return and she filed a motion with the courts to say I raped her a year earlier!
Assistant: 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: I want to know if I can sue my ex wife for deformation of character and losses attributed to the false allegations?
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is Marcus.

It is technically possible but very difficult and expensive.

You have to be able to connect a direct link between the allegation and the losses - that can also be hard to quantify.

Usually the costs of such actions are greater than what you would be awarded.

You would need to instruct a specialist solicitor as it is a niche area of law.

What happened when she made the allegation to the court.

Thank you.

Customer: replied 7 days ago.
The court upheld her allegation and she was awarded an exclusion order
Customer: replied 7 days ago.
Which meant I had to stay in hotels

Did the court make a finding of rape or just felt that other behaviour was sufficient for an occupation order to be made.

Thank you.

Marcus

Customer: replied 7 days ago.
No the court simply said that due to the animosity between the parties he was convinced something happened? He did not elaborate!

I presumed that would have been the case.

Back to your original question technically you can make a claim against your wife but for the reasons I set out previously it could be difficult unless you can link a direct cause between the allegation and any financial loss.

Thank you.

Marcus.

Hello, I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

 

If you have any further questions please do not hesitate to ask me.

 

Thank you.

 

Marcus

Hello, I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus.

Customer: replied 6 days ago.
The allegation led to me being sacked by my employer !

If you have not resolved financial matters then it is an issue that could be raised in Financial Remedy Proceedings. So marital assets are divided to reflect the allegation.

As regards your dismissal have you sought employment law advice. You should not have been dismissed on the basis of an improved allegation.

Thank you

Marcus.

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