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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