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You can find the current article at its original source at https://www.theguardian.com/society/2018/oct/09/uk-mp-call-ban-on-attempted-murderers-recovering-joint-assets
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| MP to call for ban on attempted murderers recovering joint assets | MP to call for ban on attempted murderers recovering joint assets |
| (30 days later) | |
| The extraordinary case of a husband who attempted to murder his wife and is now trying to obtain more than £60,000 from the sale of the family home is to be raised in parliament. | The extraordinary case of a husband who attempted to murder his wife and is now trying to obtain more than £60,000 from the sale of the family home is to be raised in parliament. |
| The Labour MP Gloria de Piero will call for an effective ban on those convicted of murdering or attempting to murder their partners from recovering joint assets in probate and family court hearings. | The Labour MP Gloria de Piero will call for an effective ban on those convicted of murdering or attempting to murder their partners from recovering joint assets in probate and family court hearings. |
| The claim for marital property is being pursued in a divorce case by a man who is serving a lengthy prison sentence after pleading guilty to stabbing his wife more than 30 times. The couple, who lived in Nottinghamshire, have not been identified. | The claim for marital property is being pursued in a divorce case by a man who is serving a lengthy prison sentence after pleading guilty to stabbing his wife more than 30 times. The couple, who lived in Nottinghamshire, have not been identified. |
| De Piero, the MP for Ashfield and a shadow justice minister, will call for a legally enforceable presumption of loss of entitlement to family assets in such extreme domestic violence cases. She is planning to raise the issue during justice questions in the Commons on Tuesday. | De Piero, the MP for Ashfield and a shadow justice minister, will call for a legally enforceable presumption of loss of entitlement to family assets in such extreme domestic violence cases. She is planning to raise the issue during justice questions in the Commons on Tuesday. |
| She said: “It defies belief that a spouse convicted of attempting to murder their partner can have any financial claim on their assets as part of a divorce settlement. Recently I met a woman in this situation and promised to do everything in my power to change the law. | She said: “It defies belief that a spouse convicted of attempting to murder their partner can have any financial claim on their assets as part of a divorce settlement. Recently I met a woman in this situation and promised to do everything in my power to change the law. |
| “The presumption must be that there is a loss of financial entitlement in all but the most exceptional of these cases. I hope government ministers will work with the Labour party to amend the law and ensure this obvious injustice is ended.” | “The presumption must be that there is a loss of financial entitlement in all but the most exceptional of these cases. I hope government ministers will work with the Labour party to amend the law and ensure this obvious injustice is ended.” |
| She said an exemption could be provided for spouses who kill in self-defence or to protect a child. | She said an exemption could be provided for spouses who kill in self-defence or to protect a child. |
| The unnamed woman in the case, who is resisting the divorce claim, told the Guardian: “Because of the legal process, you keep on reliving the original trauma. In a normal divorce, it’s a 50/50 split. I have been told by experienced barristers that [my husband’s] conduct will be taken into account, but I still need to make an offer of settlement of about a third of the value of the house. | The unnamed woman in the case, who is resisting the divorce claim, told the Guardian: “Because of the legal process, you keep on reliving the original trauma. In a normal divorce, it’s a 50/50 split. I have been told by experienced barristers that [my husband’s] conduct will be taken into account, but I still need to make an offer of settlement of about a third of the value of the house. |
| “It doesn’t seem to matter what he has done. He will still get tens of thousands of pounds. I will have to go into debt and possibly have to sell the property. It’s just wrong. This is someone who stuck a knife in me more than 30 times. I was very lucky. They didn’t think I would survive. | “It doesn’t seem to matter what he has done. He will still get tens of thousands of pounds. I will have to go into debt and possibly have to sell the property. It’s just wrong. This is someone who stuck a knife in me more than 30 times. I was very lucky. They didn’t think I would survive. |
| “If you have laws to deter people going to such extreme lengths, maybe then they may think twice about it. As it is, he will be out of prison in a few years with more than £60,000 in his pocket.” | “If you have laws to deter people going to such extreme lengths, maybe then they may think twice about it. As it is, he will be out of prison in a few years with more than £60,000 in his pocket.” |
| Cris McCurley, a solicitor at the law firm Ben Hoare Bell who specialises in domestic violence cases, has discussed changing the law with De Piero. “At the moment there’s no automatic bar for someone convicted of murder or attempted murder to make a claim [against a former partner],” she said. “You would hope that the person in prison would normally have to the decency not to. | Cris McCurley, a solicitor at the law firm Ben Hoare Bell who specialises in domestic violence cases, has discussed changing the law with De Piero. “At the moment there’s no automatic bar for someone convicted of murder or attempted murder to make a claim [against a former partner],” she said. “You would hope that the person in prison would normally have to the decency not to. |
| “As things stand, he would expect to be able to buy a studio flat for himself when he comes out of prison. Changes could be made to the 1973 Matrimonial Causes Act or to the domestic violence bill that is due to be introduced.” | “As things stand, he would expect to be able to buy a studio flat for himself when he comes out of prison. Changes could be made to the 1973 Matrimonial Causes Act or to the domestic violence bill that is due to be introduced.” |
| Sian Hawkins, head of campaigns at Women’s Aid, said the case illustrated the disparity between the criminal and family law systems. “There’s a huge gap between the criminal courts and the family courts,” she said. “Women are falling down these gaps. They are treated very differently in the family courts as compared to the criminal courts. | Sian Hawkins, head of campaigns at Women’s Aid, said the case illustrated the disparity between the criminal and family law systems. “There’s a huge gap between the criminal courts and the family courts,” she said. “Women are falling down these gaps. They are treated very differently in the family courts as compared to the criminal courts. |
| “Even when a relationship is ended and perpetrators are in prison, they still use the mechanisms of the family courts to exert coercion and control.” | “Even when a relationship is ended and perpetrators are in prison, they still use the mechanisms of the family courts to exert coercion and control.” |
| Domestic violence | Domestic violence |
| House of Commons | House of Commons |
| Women | Women |
| Labour | Labour |
| Gloria De Piero | Gloria De Piero |
| Divorce | Divorce |
| Crime | |
| news | news |
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