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Please Divorce advice :( !!!!

36 replies

anne1985 · 11/07/2026 11:07

My husband and me are planning to get a divorce ( we just spoke and made the decision although thinking about it for a bit) we have 2 kids and not working as I am a stay at home mum. Also, I would have to go back to my home country , Italy as I couldn’t support ourselves here. He doesn’t have any assets but he owns a business and not really looking forward to share anything with me. (That’s mainly the reason we have decided to separate) What are my options? What advice do you have? I am lost :( pd: forgot to say my kids go to private school and we live a very comfortable lifestyledivor

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anne1985 · 12/07/2026 20:20

Thank you all for your advice and kind words. I’m closing this now

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millymollymoomoo · 12/07/2026 17:00

Op is not automatically entitled to half

FinallyMovingHouse · 12/07/2026 16:56

Don't forget pensions - half of that too x

Passaggressfedup · 12/07/2026 16:40

How old are the kids? Will they be happy to only see their dad during holidays?

StraightTalkingTina · 11/07/2026 19:55

anne1985 · 11/07/2026 18:18

No, I don’t have access to any of his savings accounts. I think he is just taking advantage of how naive I’ve been regarding his finances and now he is going to try play things his way. My kids are 4 and 9 years old

Agree with what previous poster said. He’s happy to let you walk away with nothing plus the expense of two kids and he’ll keep everything and find a younger model.

You need a solicitor. Go to women’s aid if you can’t access any money to pay for one.

You have been a bit naive yes, but you can undo that by taking the right action now.

millymollymoomoo · 11/07/2026 18:49

Op is not e titled to 50%

she is entitled to

all assets held jointly or individually being I the pot for division
a fair share of that, most likely needs based, could be more or less than 50%

liamharha · 11/07/2026 18:22

Get a solicitor op immediately. It's sounds like he will be happy for you to disappear with full financial responsibility for your children . A solicitor will determine what asserts he has a d what you are entitled to

anne1985 · 11/07/2026 18:18

No, I don’t have access to any of his savings accounts. I think he is just taking advantage of how naive I’ve been regarding his finances and now he is going to try play things his way. My kids are 4 and 9 years old

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StraightTalkingTina · 11/07/2026 18:06

anne1985 · 11/07/2026 17:06

He has agreed on me taking the kids, as mentioned before now I’m starting to think he just want for us to leave as if I claim for child support and I go with solicitors he might have to share more than what he wants. I also would like to keep children with me and get whatever is considered “fair” according to what he has. My plan was never to take anything from him but to keep my kids and get my life back together and obviously he’ll have to help with that

Edited

You’re not taking anything from him.

you are dividing the marital wealth.

he could not have built his business if he had needed to provide childcare and domestic care. But he didn’t, because you didn’t and he agreed to that.

therefore you are entitled to 50% of everything that has been wasn’t during the marriage. Irrespective of who’s name things are in.

get a solicitor. Get as much information as you can about his business . So you have access to bank accounts or savings accounts?

you are spending 2 kids to private school and live comfortably on one wage - he his earning plenty from that business, and half of it is yours.

as well as full child maintenance if he is not interested in the children regardless of what country you live in.

how old are the kids?

millymollymoomoo · 11/07/2026 17:15

you are mistaken in thinking he has to provide a home for you and the children. He does not. What is true is the needs of children take priority so assets are shared according to needs. But he is not under any legal obligation to house you if you tendon here ( or return go Italy)

cms us based on income. For self employed people it’s much easier to hide income, and he can set his wage as £12,000 and you’d receive cns on that plus dividends. Not on profits or cash retained in the business. If sole trader it’s based on net profit therefore he can keep expenses high to reduce that and also receive income in cash and not declare it

anne1985 · 11/07/2026 17:06

He has agreed on me taking the kids, as mentioned before now I’m starting to think he just want for us to leave as if I claim for child support and I go with solicitors he might have to share more than what he wants. I also would like to keep children with me and get whatever is considered “fair” according to what he has. My plan was never to take anything from him but to keep my kids and get my life back together and obviously he’ll have to help with that

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Supporting2026 · 11/07/2026 16:46

You need a good lawyer and you need to check the details of his business at companies house. Firstly he does have an asset - the shares in his successful business. Secondly it is likely that 50 percent of those shares are due to you after a long marriage with children. You can look on the website companies house for his exact company name (look at the companies website in the small print and there is usually the full company name or the company number - both can be used to look up the company details for free at companies house) and see the details of the business including the confirmation of what shares he owns on it. The challenge will be making those shares worth something which is why you need a good lawyer as there are lots of ways for him to play games depending on the nature of the business.

anne1985 · 11/07/2026 16:42

@millymollymoomoo also, he is stating he has no assets in his name and it is true he doesn’t own a home as he has always preferred to rent. But I am
just not sure in this cases what is the deal when small kids are involved

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anne1985 · 11/07/2026 16:39

Hi @millymollymoomoo he is fine dor me to take the kids to my home town as here he’ll have to get a house for us or him to take a new house and we have decided it will be best that way. Why would child maintenance will be more difficult to get if he owns his company?

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anne1985 · 11/07/2026 16:35

Hi @Gonk123 I mean we are renting a house, and I’m not working so going to Italy where my family lives is the best option. I didn’t say I love a comfortable life I said we lived a comfortable life (we both decided I will be a stay at home mum so he could grow his business) That doesn’t mean I’m staying in a relationship that is not transparent just for that.

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millymollymoomoo · 11/07/2026 16:33

Child maintenance is enforceable from Italy. The bigger questions /issues are

why does he not care his child being removed from the country

if he’s self employed cms may be much harder to get

Gonk123 · 11/07/2026 16:17

You need your own solicitors and he will have to provide his financial position and then you’ll know what you’re entitled to.
you say you have nothing but also say you love a comfortable lifestyle which doesn’t make sense to me unless I am missing something.
is he not bothered about the children leaving the country? If you move to Italy you may not be able to enforce child maintenance - is getting back on your feet here not an option if you get a decent settlement? Start looking for work now and get yourself in a better position

anne1985 · 11/07/2026 16:13

I have a feeling that he’s going to make things difficult..

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Bonkers1966 · 11/07/2026 14:22

Do not take advice from your soon to be ex husband who is a successful business owner but claims to have nothing. Be very careful.

millymollymoomoo · 11/07/2026 14:16

It dies not matter if the business is in his name. It’s a marital asset. As is any cash savings, investments, pensions held in his name alone. You must get legal advice.

Warmlight1 · 11/07/2026 12:49

You absolutely need to get legal advice - most solicitors will.offer half an hour free to get a sense of the way forward. It's your legal.advice.
He may well already have taken legal.advice x- do not rely on what he is telling you about money or the process. How it can be paid for needs to be part of the first conversation. The lawyer should give you an idea how practical it all is.

anne1985 · 11/07/2026 12:34

The house we live in is rented and I couldn’t afford to pay it by myself. My family lives in Italy so it would be easier for me to have that support, although I would need to get back on my feet and find a job. I have never been part of his finances as he wouldn’t let me, therefore I’m not really sure how would this affect the whole divorce process and outcome. He owns a successful business but stating anything is on his name. I’m not sure up to what extend this could be true or possible since he is the owner, but I believe is more a way of him not wanting sharing anything and preferring to fix the situation by ourselves which will obviously benefit him hugely

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Jellycatspyjamas · 11/07/2026 12:20

You need a lawyer for yourself. You say he has no assets but what about the house you all live in, his pension, his business - they’re all assets that would be considered in the event of a split.

If you move back to Italy do you have a decent support network there, and a way to have an income - is there a decent social safety net and would you be entitled to access that if you’ve been resident here?

Whether he’s looking forward to sharing with you or not, you’re both married so in law it’s shared anyway.

Naurrr · 11/07/2026 12:17

She can't afford a solicitor.
You can start the divorce by filling in the forms online. There's a site called WikiVorce with information.

Removing the kids from their entire lives to live abroad, ending their relationship with their father, seems like a bad idea.

Odiebay · 11/07/2026 12:15

You need to get independent legal advice as does he. Do not worry about organising this for him. Find yourself a divorce lawyer and get a consultation. Take financial information with you so they can advise you.o