Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Occupation order

8 replies

Peppersalty · 09/12/2024 22:29

Hey all so had my first financial remedy hearing today, which wasn’t too bad, I was behind a screen so couldn’t see him thank god. Was a lot of emotional stress and mental stress for today but I didn’t even talk. Next one is the big one from what I’ve been told. Anyway my barrister said I should go for an occupation order, there is proven domestic abuse but myself and our young son have been out of the house sharing a bedroom and bed at a family members home since January (due to ongoing abuse) so has anyone done this and been successful? He won’t leave the FMH without being forced to x thank you x

OP posts:
ShinyShona · 09/12/2024 23:39

I think before you make that decision you need to consider what opportunities for abuse your being in the FMH could create. Obviously you would have sole occupation but you would want to consider financial abuse in particular.

For example, if you find yourself in occupation but ordered to pay the mortgage, is there a risk that the fixed term could end during proceedings and he could refuse to fix the term again, forcing you onto a higher interest rate? Or could you find yourself tied to a mortgage with him for several years that gives him ongoing ways to control you financially?

I would recommend you consider this before seeking occupation (although one benefit of being in occupation is that you would have more control over a sale).

Original poster
Peppersalty · 10/12/2024 03:35

ShinyShona · 09/12/2024 23:39

I think before you make that decision you need to consider what opportunities for abuse your being in the FMH could create. Obviously you would have sole occupation but you would want to consider financial abuse in particular.

For example, if you find yourself in occupation but ordered to pay the mortgage, is there a risk that the fixed term could end during proceedings and he could refuse to fix the term again, forcing you onto a higher interest rate? Or could you find yourself tied to a mortgage with him for several years that gives him ongoing ways to control you financially?

I would recommend you consider this before seeking occupation (although one benefit of being in occupation is that you would have more control over a sale).

Hi, thanks for your reply, property is in his sole name and the mortgage is paid from other properties in the matrimonial pot. I will look into it. Thank you.

OP posts:
ShinyShona · 10/12/2024 07:44

You might still be ordered to contribute to the mortgage if you live there, so do check this out with your legal advisor.

Original poster
Peppersalty · 10/12/2024 08:07

ShinyShona · 10/12/2024 07:44

You might still be ordered to contribute to the mortgage if you live there, so do check this out with your legal advisor.

Thank you I will speak with them today

OP posts:
Cerialkiller · 10/12/2024 08:14

Wouldn't it be more straight forward to press on with the devorce and split the assets in a clean break asap? Buy a new house and have a fresh start? If there are multiple properties in the asset pot then surely there should be enough for this? If you are using a screen then it sounds like interacting with him is very difficult and I would want to minimise this and his influence over your life even indirectly.

Original poster
Peppersalty · 10/12/2024 09:00

Cerialkiller · 10/12/2024 08:14

Wouldn't it be more straight forward to press on with the devorce and split the assets in a clean break asap? Buy a new house and have a fresh start? If there are multiple properties in the asset pot then surely there should be enough for this? If you are using a screen then it sounds like interacting with him is very difficult and I would want to minimise this and his influence over your life even indirectly.

It’s just getting difficult with the little one in bed with me now I have quite a few health issues and it’s just not ideal. You are probably right though just keep going with the divorce and not get into things like this just get to the end and be done.
thank you

OP posts:
ShinyShona · 10/12/2024 11:40

I do think your family might be worried about you going into a property he owns if he is abusive. I know your barrister is trying to do the best for you and in the strictest legal sense it would be but my concern is that it opens you up to further abuse. For example, he could stop paying the mortgage and leave the house to get repossessed. Although he might not want to do so if he has mortgages on other properties it is still a risk.

As I said before, I would recommend you ask your legal advisor about the potential risks.

Original poster
Peppersalty · 10/12/2024 12:37

ShinyShona · 10/12/2024 11:40

I do think your family might be worried about you going into a property he owns if he is abusive. I know your barrister is trying to do the best for you and in the strictest legal sense it would be but my concern is that it opens you up to further abuse. For example, he could stop paying the mortgage and leave the house to get repossessed. Although he might not want to do so if he has mortgages on other properties it is still a risk.

As I said before, I would recommend you ask your legal advisor about the potential risks.

Hiya yes my family are going to be forever worried when it comes to any dealings I have to have with the x, thank you for your comment I have a meeting tomorrow so will raise the points then. Thank you

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread