Domestic Violence Shelter
The client is currently married and wishes to purchase a property independently, as her husband is unwilling to participate financially or show any interest in acquiring property jointly. She has expressed serious concerns for her safety and that of her children due to a domestic incident where her husband attempted to harm her, and his friend, who harbours violent intentions, did not intervene. The client fears that if she proceeds with the property purchase and later seeks a divorce, she may be required by the court to share the property with her husband. The primary motivation for acquiring the property is to create a safe living environment for herself and her children, separate from her husband. The situation involves issues of domestic violence and property acquisition.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take to protect myself and my children from domestic violence?
You can seek legal protection by applying for a non-molestation order or an occupation order through the Family Court to prevent your husband from intimidating or harming you and your children. A non-molestation order can prevent harassment, while an occupation order can restrict his access to the family home. If you are in immediate danger, contact the authorities as they can provide emergency protection. Remember to seek advice from a solicitor specialising in family law for personalised guidance.
If I purchase a property in my name only, how will it be treated in the event of a divorce?
In the event of a divorce, property purchased in your sole name could potentially be considered a matrimonial asset, especially if it's used as the family home or maintained by family finances. The court will assess the property division based on factors such as the welfare of the children and contributions to the family's welfare. To strengthen your claim that the property should remain separate, you may consider securing a post-nuptial agreement.
How can I ensure the property I purchase remains solely mine and not considered a matrimonial asset?
To ensure the property remains solely yours, purchase it in your name only and fund it entirely from your own finances. Keep thorough records of all financial transactions related to the purchase and maintenance of the property. Consider a postnuptial agreement specifying that the property is your separate asset. It's also beneficial to draft a declaration of trust stating your sole ownership. Consult a solicitor to ensure proper documentation and legal advice tailored to your situation.
What evidence should I gather to support my claims of domestic violence if I decide to file for a restraining order?
To support your claims of domestic violence for a restraining order, gather evidence such as medical records documenting injuries, photographic evidence of injuries or property damage, police reports and any witness statements, as well as any threatening communications. This evidence will help substantiate your claims in court.
Are there any legal protections or considerations I should be aware of when purchasing a property while still married?
When purchasing a property while married, be aware that any asset acquired during marriage could potentially be considered a matrimonial asset. To protect your interests, consider entering into a post-nuptial agreement specifying the ownership of the property. Always seek independent legal advice to understand the implications fully.
