Expedited Divorce Request
The client is currently involved in a joint divorce application in a location in the UK. They are facing a housing issue as their former spouse has removed them from the family home, resulting in homelessness. The client had previously transferred their share of the home to their child. Given these circumstances, the client is inquiring about the possibility of writing to the court to expedite the divorce proceedings due to their urgent housing situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I write to the court to bring the divorce application forward due to my change in circumstances, including homelessness?
You can write to the court requesting to expedite the divorce application due to your change in circumstances, such as being made homeless. Outline how these circumstances have affected your situation and include any evidence supporting your claim. The court has discretion to expedite proceedings if there's an urgent need, particularly if homelessness is affecting your wellbeing. Consider consulting a solicitor for guidance on drafting the letter effectively.
What are my rights regarding the family home after transferring my share to my child?
After transferring your share of the home to your child, you no longer have a legal ownership interest in the property. Your ability to reside in or access the property may depend on any agreements made during the transfer. If no rights of residency or access were reserved, your former spouse generally has control over occupancy. It would be advisable to review any formal agreements related to your property transfer.
Are there any legal protective measures I can take due to being made homeless amidst the divorce process?
You may consider applying for an Occupation Order to temporarily return to or remain in the family home. Additionally, a Non-Molestation Order could be sought if there are concerns about harassment. These measures can provide protection until the divorce is finalized.
Is there any immediate legal recourse to seek alternate housing or support due to homelessness?
You may seek support through your local council by applying for housing assistance. They have a duty to assess your situation under the Homelessness Reduction Act and provide help if you qualify. You could also apply for housing benefits to assist with costs.
How might my living circumstances impact the divorce proceedings?
Changes in your living circumstances, especially being homeless, may affect the divorce proceedings by necessitating an urgent review of financial arrangements. The court considers the financial needs of both parties and your situation may influence decisions on interim financial orders.
My former spouse also wants the divorce resolved quickly as they plan to remarry. How does this affect the process?
While your former spouse's desire to expedite the divorce may not influence the court's decision, if both parties agree, the court may consider requests for an expedited process. However, this is subject to the court's discretion.
