I've name changed for this as details could be outing. I'm posting here because I'm looking for advice from people who've come out the other side, and I think the divorce board is for people who are going through it now.
I am going to (hopefully) amicably divorce soon. This has been discussed a couple of years ago, but am abroad and Brexit has messed things up. It's back on the table again now.
Our (foreign) marriage contract is quite tightly worded in some areas, but loser in others, meaning that in the divorce settlement, there is some leeway to ask for things. I've spoken to a lawyer who has detailed this, so I'm looking for the 'if only I'd known in hindsight' type of advice. My mother did not take everything she was due from my father when they divorces, to be kind to him, and in the end got royally financially shafted by him. I don't want to make that sort of mistake (and will be takin what is mine - but don't want to ask unreasonable things either!).
The background is that directly due to STBX's work, my own work/career has massively suffered. At one point I could not work because I was not eligible for a work visa in one country we lived in - for his work. I'm retraining via degree with the OU, but am unable to do this full time due to childcare issues that relate to DH's job and him not wanting an au pair/more permanent help (his job sends him away randomly, meaning I have to be able to be very flexible). STBX recognises this is detrimental to my future (this is a long story, but that's a short version). This sounds contradictory, and is...like I said, we're going to divorce... STBX has a well-paid job.
So, in the divorce, I don't know what I should be asking for in terms of childcare division. He can't have the kids 50% because he randomly won't be here. Can I/WIBU to ask for extra financial provision for childcare some of the days I'd be having the children because he wouldn't be? For instance, if I take them 5 days per week, then 2 of those he pays for childcare after school? I know I'd be lucky to have more time with them, but I also need to get on with my degree etc.
Is it unreasonable to bring up that I need financial support until after I've graduated and finished the training scheme? As in try to get extra spousal support? I actively can't work here until I've graduated (need a local training after OU) and have uni fees to pay, so it's not a normal situation where I could get benefits or a job.
Is it ok to ask for funding to continue language learning so I can speak the language here well? Say to a particular level that is examined? (We only came to this country because of his work, and I am staying because he wouldn't get work in the UK and his work is permanently here now. This is not his home country either, but he is happy here). Would this be grabby? I need to speak the language very well for my future work.
And is there anything you wish you'd asked for that you didn't?
Any other advice or opinions on what I've written? I will discuss some of this with the lawyer, but we're going to go for a mediated agreement at first, because that would safe about 30k in legal fees (I've been advised). This means I don't have my own legal advice, but someone helping us work it out between us.
It doesn't matter if they're in the English or Scottish (or anywhere else) legal jurisdictions, it's to give me ideas and opinions. I have no idea where 'utterly ridiculous' is and where 'you should have been more assertive' is.
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Divorce settlement advice and suggestions please
9 replies
pollokas · 16/07/2020 22:49
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