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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6659
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam, Please i need your help because, i do not

Resolved Question:

Dear Sir/Madam, Please i need your help because, i do not know what to do. My name isXXXXX  i live in blackheath i have two Children (two girls)one is 6year old and the other is 1 year 4month old.I was a victim of domestic violence 2004 and 2006 i reported the case to the police of which i have a ref. number. Since i reported the case to the police, my husband has stop beating me he is now matreating me he stop sleeping with me immoderately i was pregnant till date he is not taken care of the kids,he live the house without telling me were he is going to, it is the child benefit and child tax credit i am using i am not working at the moment any time i buy things at home he will use it and will not replace it he is not given money or play a rule of a father. Please sir/madam help me the pains is too much for me.my Emil address isXXX@XXXXXX.XXX. Thanks look forward to hear if i want a device how will i go about or what will i do? from u. XXXXXXX XXXXXX
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

What nationality are you and what is your immigration status in this country pleaase?

Tom
Customer: replied 3 years ago.
I am a family member of an EEA national. My husband is an austrian citzen i was given five year but it will expair next year JULY 2012.Please can tell they to forget about the reform i mean my payment because i waited yesterday night but i did not receive any reply.
Expert:  Thomas replied 3 years ago.
Do you still require your question answered?

Tom
Customer: replied 3 years ago.
yes please.
Expert:  Thomas replied 3 years ago.
I have to go in to a meeting now for 30mins, can I provide you with my answer after that please?

Tom
Customer: replied 3 years ago.
Ok if i am not here can u send it to my emil them i will reply you.Thanks talk to u after the meeting.
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

If he is abusing you then you should speak to either http://refuge.org.uk/ or http://www.womensaid.org.uk/ about this. They will be able to advise/help you.

In terms of divorce, if he has been adulterous then you can petition him for divorce on the basis of this adultery. If you do not you will either have to wait until you have been separated for two years then petition with his consent OR five years and petition without it OR petition him on the basis of his unreasonably behaviour.

On unreasonably behaviour You would have to list 5-6 examples of his unreasonable behaviour towards you. The should mostly be related to his most recent behaviour and it can be things like not speaking to you, providing you with emotional support, verbal (eg. Nagging, insults etc) or physical abuse, unwillingness to engage in typical things that married people do (socialising, eating together, planning practical matters together), not contributing towards the expenses of accommodating yourself and the children, not engaging in physical affection, not helping you with children.

Typically, it is best to list each examples in the following order
1) First occurrence
2) Worst Occrrence
3) Most Recent.

There is lots of useful advice for lay persons considering divorce here:-
http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Endingamarriageorcivilpartnership/Gettingadivorce/index.htm
It is important that if you are cohabiting together that you are effectively separated although you are living under the same roof (ie. no social life, not sleeping together not eating together etc).
As to your immigration status you may be able to apply for Retention of Treaty Rights once you have initiated divorce proceedings as the marriage has last greater than 3 years and you have resided in the UK for one year during the marriage. It would be best for a solicitor to prepare the application for you though:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Customer: replied 3 years ago.
Thanks for u answer and advice.

I know my husband is adulterous because he goes out to sleep some times he speend the weekend out, some times he gones out and come back after two days it is because i do not have prove i did not say it.Can i say it if i do not have prove?

We are living together in the same roof but,we are not doing things together like eating,cooking and sleeping.It is going to two year we stop sleeping together those that mean if i ask for divorce they will till ask us to live together for some year before we are divorce?
Expert:  Thomas replied 3 years ago.
On adultery, it depends if he admits it. If he does then you do not have to prove it. If he does not then it would probably be easier to simply petition on the basis of his unreasonable behaviour because it seems that you have many examples of this.

You can still divorce even though you are living under the same roof. You just have to show that you are effectively living separate lives since the date at which you consider you were spearated and the marriage irretrievably broke down.(eg. don't eat together, socialise together, don't sleep together etc).

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6659
Experience: BA (Hons), PgDip, Practising Solicitor
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