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Joy Nicholas
Joy Nicholas, Lawyer
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Experience:  Lawyer
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What is the general entitlements for a couple deciding to

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What is the general entitlements for a couple deciding to divorce, the husband has told her she has to walk away with only her personal savings !!They have been together for over 12 years and then married for the past 3 years totalling a 15 year relationship. She has a son from a previous relationship who was 3 years old when the relationship started and he has throughout been included in all sense and purpose being seen as the son and he has the role of father. The relationship Started out with him moving in to her rented Accomadation as the relationship established to the point he could obtain a mortgage but only doing so in his name. To make it possible she paid the deposits and legal fees for the home from an inheritance and they have as she understands been paying the mortgage together from joint earnings as she gave up her rented Accomadation to move in to the new purchased home together as a Couple in a committed relationship.They also setup a working business together building it from scratch to the success it is today taking equal roles and both working equal hours. He registered it for tax purposes as a sole trader for 8 years not paying or declaring her for tax or as a partnership and she allowed this to happen with out knowledge of tax law and in good faith he was accounting correctly for the business then 2 years ago he incorporated it as a limited company making himself sole director and making her an employeeTo create a better understanding this also forms his personality as a person using Coercive control throughout the relationship. I understand there will be a claim in divorce but due to the cloud of Coercive control we need to establish the likely out come of a divorce subject to the above information and her legal standing being excluded in the business prior and during its incorporation to way up the Potential entitlement and measure it against the further mental health impact this might have perusing it. So we are looking for a gauge to what would be entitled under these circumstances.Thank you for your time on this matter
Hi, thank you for your message. Can I confirm where are you based?
Customer: replied 9 days ago.
I’m in bristol but my friend is in Yorkshire at present and hoping to relocate to bristol
Customer: replied 9 days ago.
Because of his Coercive control we need to develop a plan so she can leave without his knowledge or his behaviour will become physical
Customer: replied 9 days ago.
Also because of the Coercive control she’s finding it impossible to find a solicitor as he won’t let here out of his sight so not sure how that works if it can be remotely dealt with until she’s in a safe environment.

Hi, thank you for your message. I am sorry to hear about this situation. I would advise the following:

1) If you are concerned about her safety you should contact the police to get her into a safe environment. You can contact the police here: www.police.uk

2) if she feels threatened by her husband she can look to obtain an occupation order and also separately a non-molestation order. The occupation order will allow her to live in her home and this combined with the non-molestation order will prevent her husband residing there.

An occupation order is a type of injunction which deals with who lives at the family home. An occupation order can order her husband to move out of the home or to stay away from the home

In order to apply for the occupation order she will need to fill out the form: https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order

The form asks you for your:

name and contact details
ex-partner’s name and contact details, if you have them
mortgage details, if you have one
reasons for applying
You’ll also need to write out a ‘witness statement’ and attach it to the form. This is an opportunity to explain why you need an occupation order - for example because you can’t afford to move anywhere else right now. Write ‘I believe that the facts stated in this witness statement are true’ at the bottom of the page, and then sign and date the statement.

Send 3 copies of your application to your nearest court. They’ll arrange for a copy to be sent to your ex-partner and will ask them to write their own witness statement, and one copy will be sent back to you to keep. The court will get in touch with a date for the court hearing. If you’re worried about being in court with your ex-partner, you can ask to have the hearing in separate rooms. To find your nearest court you can use this function: https://courttribunalfinder.service.gov.uk/search/postcode?aol=Housing%20possession

A non-molestation order is a kind of injunction which can protect you and any relevant child from violence or harassment. You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you as in this case. You can apply for a non-molestation order even if you still want to (or have to) live with your husband. When deciding whether to grant a non-molestation order the court will consider all of your circumstances, including the need to secure the health, safety and well-being of you and any children. You therefore need to show the court how your health, safety or well-being or that of your children would be at risk if you are not granted the order.

3) , upon separation you will need to determine your matrimonial assets and your non-matrimonial assets, as it could make a difference to your Financial Settlement. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. Non-matrimonial assets typically include things like inheritance, family businesses and property purchased before the marriage or after separation. Matrimonial and non-matrimonial assets matter when it comes to divorce and separation because you and your ex will need to divide your finances between you. The arrangement that you reach must be fair and reasonable to each person. Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. Non-matrimonial assets are a little more complicated. Often you can request that they be excluded from the Financial Settlement. But this request might not always be granted. This might be because the non-matrimonial asset was used somehow in your marriage. The starting point for the courts is a 50/50 split but in making their decision they will look at fairness and each of your financial situations.

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