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Divorce- Mental Ill husband

  • hartbret
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11 months 3 days ago #508269 by hartbret
Divorce- Mental Ill husband was created by hartbret
I am seeking advice for following situation.

Mentally ill (Psychotic) husband threatened to kill wife. Wife called police. Husband booked for crime and sent to hospital for month.
Wife was never disclosed that husband had mental issue prior to marriage. Husband never sought any medical help thinking he was fine. But wife had to endure all those behavior from mental illness. Wife is now living separately with daughter at different location as he is perceived to be threat to both.

1. What is the best route to separate or divorce?
2. Is there a case against fraud as she was cheated not disclosing mental illness?
3. Is there a domestic violence case against the husband based on the mental illness ground?

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  • rubytuesday
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11 months 3 days ago #508270 by rubytuesday
Replied by rubytuesday on topic Re:Divorce- Mental Ill husband
Welcome to Wikivorce, I'm sorry to learn of your difficult situation.

1. What is the best route to separate or divorce? You are already separated as you are now living apart from your spouse. If you wish to begin a divorce and it's been less than 2 years since you separated or he won't agree to a divorce on the grounds of 2 years [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url], you will have to use unreasonable behaviour. You may find our guide to divorce helpful - Wikivorce Guide to Divorce If your husband doesn't know where you are currently staying, you can request that the court keep your details confidential so your address won't appear on any paperwork sent to him.


2. Is there a case against fraud as she was cheated not disclosing mental illness?

No.


3. Is there a domestic violence case against the husband ­base­d on the mental illness ground?

That would be a matter for the Police and CPS to consider.

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  • CarltonS
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11 months 2 days ago #508280 by CarltonS
Replied by CarltonS on topic Re:Divorce- Mental Ill husband
hartbret wrote:

I am seeking advice for following situation.
2. Is there a case against fraud as she was cheated not disclosing mental illness?

Was it an arranged marriage?

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11 months 1 day ago #508287 by hartbret
Replied by hartbret on topic Re:Divorce- Mental Ill husband
Yes it was.

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  • CarltonS
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10 months 3 weeks ago #508409 by CarltonS
Replied by CarltonS on topic Re:Divorce- Mental Ill husband
I figured it might be.

It's possible you have a case but I suspect it won't be under divorce law as it stands in the UK, it would have to be some other UK law.

If the marriage happened in a country like India you might have a better case there (where arranged marriages are the norm).

In the UK you will have to seek legal advice on whether you have a case. Yours isn't the first instance in which such fraud has happened so I wouldn't be surprised if there's a precedent around somewhere.

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