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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4655
Experience:  LLB (Hons)
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Is a family matter please, Poole, I have sent divorce

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Hi yes is a family matter please
JA: Where is this? It matters because laws vary by location.
Customer: Poole
JA: What steps have been taken so far?
Customer: I have sent divorce application to Court in February last year and trying to get in contact with a solicitor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It is an immediate matter as ex moved in my house without consent and I have 4 children living with me. We are separated for 2 years.

Hi, I'm Lea and I have reviewed your query.

Has the divorce progressed?

Have you made an application for a financial settlement?

Was the house the former marital home?

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 1 year ago.
I can't make financial arrangement with my ex as we don't agree on terms
Customer: replied 1 year ago.
We both own the house on mortgage
Customer: replied 1 year ago.
He left family home in October 2017 and returned yesterday without notice. He evicted my 16 year old daughter from her room and she has no room. We are separated and I don't agree with him living with us due to feeling unsecure and worried, threaten. My teens are not feeling safe with him

Firstly, as you both own the property, he has a right to reside in it.

Secondly, in order to resolve this matter, particularly since you cannot come to an agreement over the financial settlement, you will have to make an application to court to settle the finances. You can do so on Form A.

Lastly, don't despair, as there is an option available to you given that his behaviour is making you all feel insecure, threatened and worried, and that is that you apply for an urgent non molestation order and an occupation order. You can apply for both on form FL401. It is likely the court will hear the non mol first as they can do that without notice to him and issue an interim order preventing him from behaving negatively towards any of you. The occupation order has to be heard when he is also present to put his side, so the court will list that for a further hearing - firstly to give him a chance to respond to the non molestation order and secondly to give him a chance to state why he should be permitted to remain in the property whilst the divorce matter is resolved. If the court feels that you and the children are at risk of significant harm, they will make the order.

If you need assistance to complete the FL401 form, let me know and I will provide a link to a charity that may be able to assist you.

Customer: replied 1 year ago.
Thank you, ***** ***** more sense. I don’t have a solicitor therefore I would appreciate any help of you could send me the link please. Thank you

No problem at all, please bear with me

Here is a link to the charity who may be able to assist you - they are called the National Centre for Domestic Violence. Volunteers (usually trainee lawyers) will help you to fill in the application form and write a statement - they can sometimes offer you a McKenzie friend to accompany you to a hearing - or assist with getting legal aid if that is available to you. See here: https://www.ncdv.org.uk/

Here is the link to the actual FL401 application form: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866783/fl401-eng.pdf

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