Moving out? Things to bear in mind.

Domestic Violence & Non-Molestation Order

There are two types of injunction you can apply for in the Family Court to protect yourself from domestic violence:

  1. an occupation order to exclude someone from your home, and
  2. a non-molestation order to prevent someone from being violent, threatening violence, harassing or intimidating you
You can obtain a non-molestation order against someone who has been physically violent or against someone who is harassing, intimidating or pestering you.
…
This can encompass but is not limited to the following types of abuse:
  • Psychological abuse.
  • Physical abuse.
  • Sexual abuse.
  • Financial abuse.
  • Emotional abuse.

In order to have a non-molestation order made against your abuser you must apply to the Court with a sworn Statement to support your allegation of domestic violence. Your divorcing partner will be notified of the application and you both need to attend a Court hearing.

A non-molestation order is very powerful. If it is breached it is an arrestable offence. The offender is likely to be arrested by the police and could be subject to imprisonment for a period of up to five years.

Get an injunction if you’ve been the victim of domestic abuse gov.uk

Form FL401 Apply for a non-molestation or occupation Order

Moving out

By moving out of the marital home, you’re potentially adding even more to your financial burden.

If you are the primary earner in your household and you decide to move out while the divorce is pending, the court might require you to continue covering your partner’s living expenses as well.

Believe me, it is extremely difficult to live in the same house while going through a divorce, especially if your partner is a narcissist, acrimonious and threatening to make you homeless and penniless!

But in order to save on expenses, be prepared to do just that and feel free to let someone know or call the police if things become abusive or violent. It would be helpful if there is proof such as a video or a photo.  I had to keep my phone with me all the time and ensured that it was fully charged!

If circumstances allow and if possible – it may not be wise to leave the house without talking to a lawyer.  The legal system is equipped to deal with threats such as below:

.You may get threats from your divorcing partner such as:

  • If you leave, you lose your rights to the house
  • If you make me leave I won’t pay the mortgage and you won’t get to stay in the home
  • You can go, but you can’t take the kids with you
  • No one will believe you
  • It’s your fault this is happening

Legal processes have answers and solutions that protect the victim. There are ways to ensure the abuser continues to pay the mortgage,  leaving the home does not mean losing rights of ownership, the children’s needs will be looked at properly and not be determined by who remains living in the house..  If you’re considering leaving, be careful who you tell. It’s important your partner does not know where you’re going.

Also see Domestic Abuse bill amendment – 2021

Sometimes, due to some practical reasons it would be better to discuss the  matter before leaving the family home (provided your divorcing partner is reasonable).  It could become more expensive to run two households. The money that will be needed to pay for the second home will inevitably reduce the matrimonial pot .  If the divorce process drags on, then the expenses for the second home, which will come out of the matrimonial pot,  could become substantial, and therefore affect the total amount each party gets when the assets are divided to carter for their needs.