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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Advice on Injunction needed

  • livinginhope
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30 Jul 12 #346124 by livinginhope
Topic started by livinginhope
I''m asking for advice on behalf of a friend.She had to leave her home because of aggressive behaviour from her husband.A solicitor has advised she gets and injunction to remove him from the FMH.Although she is afraid to return home she is reluctant to go for an injunction if it means he will have to be removed from the house with a Police escort.Does it always happen this way or could he be sent the information that an injunction is in place and be given the chance to vacate the property voluntarily without the need for Police presence?

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30 Jul 12 #346128 by cookie2
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Are there any kids involved? Where are they currently living?

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30 Jul 12 #346150 by livinginhope
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There are no children involved.Friend is staying at a friends house at present.

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30 Jul 12 #346159 by cookie2
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In that case, why should the wife be allowed exclusive access in preference to the husband? Surely they both have occupation rights? Why would a court make the husband homeless so that the wife can live there?

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30 Jul 12 #346166 by QPRanger
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Have the police already been involved?

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30 Jul 12 #346199 by livinginhope
Reply from livinginhope
Yes the Police have been involved they had to go with her to help get her overnight things out of the house.
Cookie I suppose I feel she has a right to live in her home without being verbally and physically attacked.She has been forced out of the home because of this behaviour and surely it can''t be right that brute force gains possesion of the home.She hasn''t the financial means to live anywhere else but he does.

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30 Jul 12 #346201 by Fiona
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Even when there aren''t children two reasons why a court might make an occupation order in favour of a wife (or husband for that matter) are the unreasonable behaviour of the other spouse and the unavailability of other housing or lack of resources. See Part IV Family LAw Act 1996.

To answer the question if the friend is granted sole occupation the husband will be given the opportunity to leave voluntarily.

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