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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23781
Experience:  Senior Partner at Berkson Wallace
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My husband is on bail pending investigation for domestic

Customer Question

My husband is on bail pending investigation for domestic abuse. He is not allowed to contact me. I need to divorce him, but i am worried I will lose my home and my pensions in the process. He has never worked. If he is convicted of coercive control and rape will it affect the divorce settlement in my favour.
JA: What steps has your husband taken? Has he filed any papers in family court?
Customer: No he has done nothing
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your husband live in?
Customer: yes Bodmin cornwall
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: if he is jailed would I be better off delaying things. It’s financially not in my interest to divorce him, but if he is acquitted he will want to come home
Submitted: 20 days ago.
Category: Law
Expert:  Stuart J replied 20 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

For background - how long have you been together and married in total?

any children?

is there a marital mortgaged property? in whos name mortgage and who pays?

does he have pensions?

Customer: replied 20 days ago.
We have been married for 38 year as 4 grown up children, one still lives at home. the property is mortgaged interest only 177000 owed on it. I pay for the mortgage and all other household bills, I always have and pay an extra 500 into a pension fund to pay off the capital. This is currently only about 75,000 in value but I am hoping to extend the term somehow. He has a small pension pot of 20,000 and a full state pension which he will get next year.
Customer: replied 20 days ago.
I don’t want a call at the moment, just some idea if his criminal conviction could affect the settlement
Expert:  Stuart J replied 20 days ago.

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost.  It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time.  So you can ignore it or go ahead or go ahead later.  It’s your choice.

Meanwhile, we can carry on on here.

The courts have long since not taken into account conduct with regard to the financial settlement in divorce so it won’t make any difference to your financial settlement although if he died, and you are divorced, and there was not already a pension sharing order in place, you would usually lose any widows pension.

So there’s no reason why you should worry about him being convicted.

If he gets acquitted and you want a divorce, then other than him dying and you’re not getting a widows pension, I wouldn’t let it worry me with regard to the financial settlement because it’s not going to be any different.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 20 days ago.
The thing is I have been forced to work and keep this man for 38 years. I have been abused and raped, surely he can’t now take 50% of the assets and leave me with nowhere to live? My only alternative seems to be not to divorce him and risk him coming back!
Expert:  Stuart J replied 20 days ago.

I fully appreciate how you feel about this but after 38 years, he is going to be entitled to a large percentage of the assets regardless of his conduct.

You would not be the first person who could not really afford to get divorced.  I’m sorry, it’s the way it works.  It could be completely different if you were married or if you had not been married for such a lengthy period of time.