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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8978
Experience:  Barrister at law
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I need to apply for non Molestation order and occupation

Customer Question

Hello, I need to apply for non Molestation order and occupation order to be extended and also for tenant transfer the same time if possible. But I’m not sure which is the right form. Thank you!
JA: Was a protective order issued? What were the basic terms?
Customer: yes I have these orders in place but they are expiring on the 24th of May
JA: Is there ongoing abuse or harassment? Were the police called?
Customer: no but I have applied for divorce and I’m really scared if my ex is able to come in the property after the 24th May what is going to happen. He is still trying to control what I am doing, he was threatening me with social services even though I’m doing absolutely everything for our son. So I’m really afraid what would happen
JA: The Criminal Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I think that’s all
Submitted: 17 days ago.
Category: Law
Expert:  plclegal replied 17 days ago.

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

Customer: replied 17 days ago.
Thank you very much!
Expert:  plclegal replied 17 days ago.

My pleasure.

Can you confirm for me how long the original non-mol and occupation orders were made for please?

In terms of the divorce, have you submitted an application to court and have you applied for a financial remedy order yet?

Customer: replied 17 days ago.
The original order were for 1 year. They’re expiring on the 24th this month. Yes, divorce application was submitted to court. I’m not sure about the financial remedy- we don’t have any finances together. The only issue is with joint tenancy.
Expert:  plclegal replied 17 days ago.

Thank you.

OK, the first form you need is the FL403 - to extend the non-mol and occupation orders.

The form is here: https://www.gov.uk/government/publications/form-fl403-application-to-vary-extend-or-discharge-an-order-in-existing-proceedings

There's no cost for that application.

The transfer of a tenancy is an adjustment of property order, and this falls under a financial remedy that is associated with divorce.

As you have the non-mol in place, you don't need to go to mediation before applying to court.

You'll need to tick the mediation exemption on the form.

It's the form A - you'll see on the form at page 2 the options and you want to tick adjustment of property. The tenancy is considered marital property you see.

The form for this is here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1064354/Form_A_0422_save.pdf

There is a cost for this application, of £275, but if you cannot afford that you may qualify for a fee reduction or remission.

For this you'll need to complete a help with fees application, here:

https://www.gov.uk/get-help-with-court-fees

I hope that this helps. Is there anything more I can clarify for you?

Customer: replied 17 days ago.
I think that’s clear for now. Thank you very much for your help !
Expert:  plclegal replied 17 days ago.

My pleasure.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

Have a great day!

Customer: replied 17 days ago.
Thank you very much! I’ll definitely come back to you if I’ll need clarify anything else. Have a great rest of the day!
Expert:  plclegal replied 17 days ago.

Thank you, ***** ***** to help.