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Awan-Legal
Awan-Legal, Solicitor
Category: UK Family Law
Satisfied Customers: 128
Experience:  Expert
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crimal assault husband has commited adultery with neighbour

Resolved Question:

crimal assault husband has commited adultery with neighbour want 2 know landlord council house bought now rented how do i find out where 2 go from here got solicitor divorce ongoing
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : She can file for divorce on the grounds of adultery. A solicitor will also help you with the financial side of it.
Awan-Legal : http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
Awan-Legal : The above link will help you find a solicitor who can represent you.
Awan-Legal : Grounds for a divorceBefore you can proceed with filing your petition to divorce with the relevant county court, you are going to need to satisfy a two-fold test proving that you have grounds to divorce.The first part of this test is a time limitation; you cannot submit a petition to divorce in England and Wales unless you have been married for more than one year.Assuming the time limitation is not an issue, you then need to evidence that one of the following five “irretrievable breakdowns” has occurred:1) adultery; or2) unreasonable behaviour; or3) desertion – for a period of no less than two years; or4) lived apart for at least two years (consented); or5) lived apart for at least five years (contested).Filing the petition to divorceHaving established that you have the requisite grounds for divorce, you can now proceed with filing the petition to divorce. It is at this stage you’ll need to think about speaking to a divorce solicitor. Essentially divorce in England Wales is not an onerous matter, as, in most cases, the emotional turmoil means that the parties agree that divorce is the only option left to them. That said, you will need to speak with a solicitor if (a) children are involved; or (b) you have significant joint assets.To file the petition itself, you’ll need to complete the official Form D8 (or D8A in the case that you have children) in triplicate – one for you, one for the court and the third is sent to the other party. The D8 forms are then submitted to the relevant county court.Submitting the petition and form filingHaving submitted the Form D8, the county court will send a Form D10 to your spouse informing them that a divorce petition has been submitted, evidence of which is sent to you by way of a Form D9H. Provided the divorce is consented to, your spouse has 8 days to return the Form D10. Thereafter you need to file a Form D84, along with a divorce affidavit (sworn statement) on a Form D80 – both of which are available at the county court or online.Decree Nisi and Decree AbsoluteHaving received your Form D80, the judge will then decide if you have requisite grounds to divorce and, if so, will issue what is known as a decree nisi (Form D84A or D84B, if there are children). At this point you are still legally married. Once the decree nisi has been granted you’ll be issued a Form D29, which will inform you of when you can apply for the decree absolute. Ordinarily this waiting period is 6 weeks and 1 day, at which time you can file a Form D36 applying for a decree absolute. Shortly thereafter the decree absolute should be issued – a Form D37. Keep in mind that you will need a copy of the Form D37 if you plan to remarry.
Awan-Legal : There are no set rules when it comes to decisions about homes and ownership.
Awan-Legal : You can make whatever agreement you like, but it may be useful to base your negotiations on what a court might decide. Although your home will probably be the biggest financial concern - not to mention the most emotive as your home is so tied up with memories and a desire for future stability - decisions will be made in the context of the whole divorce settlement, so, for example, maintenance payments may include mortgage payments.A court could order that:Ownership stays the same but one of you is given the right to stay (for example, until children reach 18).Ownership of the home is transferred to one of you, with perhaps a lesser share of other possessions.The home is transferred to one of you but with a charge secured on the property, so that the other party receives a set percentage when the home is soldThe home is sold and the proceeds split between you, in whatever proportions seem fair, for you both to start afresh.
Awan-Legal : If one of you owns the homeIf the home is in just your partner's name, you are less likely to have any right to stay or to share in the proceeds if the home is sold. Your partner must give you ‘reasonable notice' to leave, which could be 28 days or less.You might have some right to the home if you can show that you contributed towards it (for example, paid towards mortgage payments, or paid other bills in exchange for your partner paying the mortgage) or that the original intention was that you would share the home.If you own the home togetherYou normally have the right to your share of the home. You can only sell, if you both agree. It may be possible for one of you to buy out the other's share.
Awan-Legal : If you decide not to sell, the share of rent can be split between you both.
Awan-Legal : Please click accept on my answer, thanks.
Customer:

his neigbour walked into my nieces kitchen wrecked it her husband leaving her gobsmacked 10 yrs married her mum walked in visiting got half her hair pulled out punched in the eye retina damaged i think 2 separate cases here adultery & assault just needed advice am i wrong

Awan-Legal : Yes the second matter is a criminal matter though so you would need advice from a criminal solicitor on that issue separately but there may certainly be a case for assault. Please also be aware that adultery is one option as is unreasonable behaviour for divorce grounds. Your husband may be likely to dispute any adultery case or unreasonable behaviour so be weary that the process may become lengthy and not straightforward.
Awan-Legal : Or rather your niece's husband.
Awan-Legal : I hope that answers your question. Kindly click accept if so.
Awan-Legal : The above information is referred to in this link and you can contact them for further assistance with the divorce:http://www.pearsonrowe.co.uk/family/divorce-proceedings-an-overview
Awan-Legal : I hope that helps.
Awan-Legal, Solicitor
Category: UK Family Law
Satisfied Customers: 128
Experience: Expert
Awan-Legal and 2 other UK Family Law Specialists are ready to help you

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