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 Domestic Violence
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| There is no excuse for domestic violence,
and whether you are married or not applications can be made to protect
you from domestic violence. Non-Molestation Order A non-molestation order is an order which prohibits someone from molesting you or a relevant child. Molestation means far more than suffering actual violence, but it could include threats of violence or general harassment. Occupation Order An order may be obtained permitting you to occupy the property and restricting or extinguishing the right of the other person to occupy the property. When the court is deciding whether or not to make a non-molestation order it will consider the need to secure the health, safety and wellbeing of the applicant, the other party, and any relevant child. The criteria for making an occupation order is much more complex, and the detail of the range of orders available differ depending upon your "relationship" with the property you occupy and with the other party. Broadly speaking, however, the court will take into account:
In the event of a real emergency it may be possible to make an immediate application for an injunction, without the other party even knowing about it. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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| Separation
Agreement |
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| If you have separated, but do not wish
to divorce, it may be possible to enter into a separation agreement
resolving financial issues between you and your spouse. A separation agreement can only be achieved by consent. It is nothing more nor less than a contract between a couple explaining how they intend to live their lives and resolve financial issues between them. It cannot oust the jurisdiction of the court. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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| Cohabiting Couples
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| Children For issues concerning children, please see the previous page. Domestic Violence Please see the section above. Financial Issues The law dealing with financial disputes between couples who live together, but are not married, is complex. The main area of dispute tends to revolve around the ownership of property. The Trusts of Land and Appointment of Trustees Act 1996 makes provision for dispute resolution where two cohabitees cannot agree whether there should be a sale or not and for a declaration as to the extent of their respective interests. When considering making an order the court will take into account:
However, if an express declaration of trust was made at the outset of the purchase this will almost certainly be conclusive of the shares in which a property is owned. |
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| Meet the team: Susan Record | Alison Cook | Sarah Finnis Pauline Lewis | Keith Down Patricia Unwin | Mark Siddons |
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