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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask how you go through a divorce and don't get completely fucked over as a result?

115 replies

TattiusTeddius · 18/02/2018 15:15

My husband and I have agreed today to get a divorce. It’s been a long time coming, he instigated it (I should have instigated it before now but TBH I have never had the guts). He’s going full steam ahead organising things. He has a very nasty and manipulative side and I always thought that, in the event of a split, he’d be reasonable for the sake of our 2 kids.

I was wrong.

DD is in private school. He can afford it, he earns £80k a year. I earn £14k working 3 days a week. He has said he will pull her out of school because “why should he have to pay”. Not because he can’t afford it, it’s seemingly a dig at me. He’s already emailed the school today.

He mentioned today that he wants custody of DD (4) but as DS (1) is still breastfeeding that he can’t take him just yet. I told him no way, I’m not a milkmaid there to feed his children until he’s ready to take over. At this, he threw DS’ baby walker at the wall in a rage.

He’s trying to manipulate me already, he thinks I’m stupid - for example, he told me to just live back into the flat I rent out. It’s a pokey 1 bed flat, but I think he’s doing it so that he can have some leverage in case of custody so that I have somewhere unsuitable to live for the children. I won’t be doing this, I’m looking at 3 bed rental properties through the week.

In terms of custody, he thinks him earning more money will guarantee him getting it - he can barely handle the kids for 2 hours as it is! Also he has a criminal record of violence and one DV incident towards me on my medical record. I’m squeaky clean in that respect and work PT to his 50 hours, so I think I have that in my favour.

He’s told me that I am not to try and get any of his money in the divorce Hmm the house we live in is in his name. That doesn’t bother me but for 4 years while he set up his own business my wage was the only money coming into the house. I supported him financially through that and will be a single mother on one income so I will be trying to get money from him to get stable.

He’s now made it clear that he’ll be paying the minimum CSA and, because he’s self employed, will be making it look to HMRC like he only earns £12k. So that means about £35 a week for 2 kids. From someone who can afford private school. I’m furious.

Also I lent him £1750 for his business out the money my dad left me and he’s promised to repay it in April. I’ve said I want this now to help with my moving costs. He said that’s fine but it means forgoing DD’s School fees for next term and her being pulled out for the summer term. Manipulative bastard.

I want to get my ducks in a row

My questions are -

⁃	what are his chances of getting custody?
⁃	What do I need to do to be smart and ensure I don’t get shafted?
⁃	Any other advice on how to make this as smooth as possible?

I have no one at all locally, only his family. I have no support, my in laws are lovely but ultimately they are going to be on his side. I need to be brave and strong.

OP posts:
ilovewelshrarebit123 · 18/02/2018 16:44

You need to get an on the ball solicitor as he sounds like he's going to be a nightmare.

Even if the house is in his name, you're married so it's matrimonial property.

I wouldn't get into anything with him, just repeat 'I'll speak to my solicitor and we'll go from there'.

Schroedingerscatagain · 18/02/2018 16:45

Before you do anything start another thread in legal

Some excellent legal bods on there collaborate, Mrs Bertbibby and a couple of others who will help you

From a purely practical point I’ve known a couple of mums in your situation removing from private to state and it’s all been fine

He’s trying to bully and manoeuvre you, gas lighting is a term bandied around

With his record there is no way he would be given primary custody, don’t sell him your share of the company as this will make it easier to hide income

Madonnasmum · 18/02/2018 16:57

I wouldn't wait til your day off to get evidence of his assets. If he's already talking about lowering his income for CMS he's going to be canny about hiding them. Get what you can even if it's while he's asleep. Find your passports etc too.

LoveInTokyo · 18/02/2018 17:00

If you find evidence of bank accounts, investments, pensions etc which he then doesn’t disclose, the judge may well be more generous towards you in the financial settlement because he or she will suspect that your husband may have other assets that they don’t know about.

ilovekitkats · 18/02/2018 17:21

I agree with PP, move your daughter to a state school ready for September, do not let him hold it over you for the next XX years that he might or might not pay the fees (and yes DS in future also).

Starting point for both custody and assets is usually 50/50, so he needs to work it from there. CM will be a percentage of his income. If you can prove he is hiding income, then you can report him to HMRC. If not then it is what it is. You may be entitled to WTC depending on your income.

Post in "legal" for advice, and see a solicitor. Stand strong, he cannot dictate the way that this goes.

TattiusTeddius · 18/02/2018 17:35

Hi everyone this is such good advice!
Sadly I don't have anyone but I have locked drawers at work I can use for passports etc.

If the house is only in his name can I still remain there? The atmosphere right now is horrendous, I really don't wanna be around this much longer.

Cheeky fucker actually asked me to make his tea tonight. I laughed. He's very much implying that the split is all my fault and I had been just a bit more reasonable this wouldn't happen and DD wouldn't be coming out of her School.

Sadly I have no family but plenty of friends. A woman at my work has just been through a nasty divorce so I will talk to her when I'm in on Tuesday.

So thinks he's extremely clever and I am 100% sure he thinks he could charm a Judge. He'd be disappointed to know he's just a common or garden toss pot

OP posts:
RandomMess · 18/02/2018 17:42

Yes you can remain there - you are married and have DC - joints assets and liabilities....

TattiusTeddius · 18/02/2018 17:49

I have a feeling he says he'll lock me out if I don't move out.

We have talked in the past about splitting and he always did the whole "you can have the house I'll move out" thing but now when it comes to it I'm being forced out 'his' house.

I don't know what prompted his decisions we had a disagreement this morning about the F1 grid girls of all things, I said I can see why people want them removed and he was very "I thought you were a feminist what about women's choices". Well he only is interested in the choices of women when it means he can ogle them, as he doesn't agree with abortion Hmm

He says I've changed and my feminism has destroyed us. He hasn't changed apparently. Except he has. He used to be kind and funny, now he's a Trump supporter FFS. I should have left ages ago

OP posts:
Tistheseason17 · 18/02/2018 17:56

I wouldn't get into anything with him, just repeat 'I'll speak to my solicitor and we'll go from there'

^ this ^ over and over again. Politely.

He cannot change locks on you and if he does you can get them changed back and call police EVERY time. They will log it - very powerful.

NOT MATTER HOW BAD THE ATMOSPHERE - BE CIVIL AND DO NOT LEAVE THE HOUSE. CALL 101/999 IF HE STARTS.

I would speak to your health visitor about whether they can work with multi agency teams to remove him from the marital home. You clearly feel bullied and harassed and mentally abused.

I'm pleased you have a tough cookie friend at work Flowers

tillytrotter1 · 18/02/2018 17:57

If he owned the house prior to the marriage then the legal situation is different I believe.

Leiaorganashair · 18/02/2018 17:58

Firstly, I'm so sorry this is happening to you.

I can't see how he will be able to push for full custody and claim that he only earns £12k with his business. If he says he intends to use childcare his whole argument will be undone in an instant because no way could he afford that on 12k.

Any court will see through wanting full custody when DS is weaned. That reeks of manipulative bastard.

He is telling you what he wants. He is not the court. What the court puts in place is a totally different thing altogether.

TattiusTeddius · 18/02/2018 18:05

He bought he house during our marriage with 'his' money - he convinced me at the time that it was wise to purchase solely in his name. What a fool I have been.

OP posts:
TattiusTeddius · 18/02/2018 18:16

Another thing - he has said HE will register the divorce and I just have to agree to it. Is this a big no no?

OP posts:
RandomMess · 18/02/2018 18:17

Doesn't matter you were already married purchased with family, your flat goes into the pot too.

A short marriage with no prior cohabitation, no DC, money inherited they could potentially make a difference but that is not your situation!

RandomMess · 18/02/2018 18:18

Doesn't matter unless he lies about his reasons for divorcing you as it will be there for others to see?

Not sure whether it gives him more control over timings and pushing it through?

ohreallyohreallyoh · 18/02/2018 18:20

you will find wikivorce.com helpful.

You will be fine. He's just lost control of you and he doesn't like it. Don't let him push your buttons and keep really, really calm. There is such thing as an Occupation Order which, if he behaves badly towards you and you have police reports etc. as back up, you could end up with sole occupancy of the house until the divorce is sorted. The general advice is to stay in the family home but if it becomes unbearable, an Occupation Order may help or just leave with the children and all your documents. Maybe think about making an escape bag if you don't already have one? Look on Women's Aid for what to include.

When my ex became difficult, the police 'marked' my home following an extensive questionnaire/discussions with them. I believe they can still do this - it's basically to make you a priority should they receive a call from you but it also shows up on official reports if you get to the point of having court involvement over the children.

It will all work out but there's a lot of shit to get through to get to the other side. Take it a day at a time and assume nothing - he is, unfortunately, now your enemy and not the man you (thought) you married. Don't trust him, not for a second, even if he tries to be nice. Don't make the mistake of assuming he can be the man he used to be - you have to accept that who he is today is who he is going to be forever and he will never disappoint you and you will never make a huge error of judgement.

Slightlyperturbedowlagain · 18/02/2018 18:21

Don’t ‘just agree’ to a divorce until the child arrangements and money are resolved. Just don’t.

BarbarianMum · 18/02/2018 18:21

OP - far better for your dd to move to state school now than for you (and her and your ds) to have to tiptoe round this man for the next 18 years hoping he's going to cough up the next term's school fees and always worrying the rug will be pulled out from under you.

MotherforkingShirtballs · 18/02/2018 18:23

He says I've changed and my feminism has destroyed us.

He's clutching at straws because he needs to justify why it is your fault the marriage is ending and why you're in the wrong here and how he is the innocent victim in all of this. It's part of a pattern if behaviour exhibited by people with control issues, I swear its like they get given a script to follow by Arsehole HQ. Has he started questioning your health yet, particularly your mental health? Because that'll be next, he'll start implying you've got PND or depression or a personality disorder. Then he'll start trying to control the opinions of people around you by painting himself as a brokenhearted saint and you as a money-grubbing cowbag intent on wrecking the home he's worked so hard to build for you both. It would wise not to trust or believe anything he says from here on in, if he makes you an offer it is almost certain that there will be strings attached, if he is suddenly incredibly nice or reasonable, it is almost certain there are string attached to that too. It's all tactics, particularly as the seperation/divorce progresses and he scrambles to try and maintain his hold over you.

mrsmalcolmreynolds · 18/02/2018 18:24

I'm a lawyer (although not divorce) and that is total shit. Get your own lawyer (as PP have said via a recommendation if possible - the colleague you mentioned perhaps) asap. People like this generally come unstuck in the courts IME - their ego prevents them from realising that the judge is (a) much brighter than them (b) has seen it all before and (c) is not on anyone's side.

A relative of DH's got divorced last year from a woman who was much like this and she got rinsed out by a judge in a custody hearing and nearly done for contempt of court.

GirlsBlouse17 · 18/02/2018 18:30

I can imagine he will do his utmost to make you feel uncomfortable in the house to try and force you out. It sounds like you are in for s tough time but be prepared and stick to your guns. Don't let him bully you. He will soon be out of your life.

Definitely see a solicitor but it might also be a good idea to have an initial chat with citizens advice too

buckingfrolicks · 18/02/2018 18:33

OP, anyone who can see their STBXH is a "common or garden tosspot" is going to be just fine Smile

NotSuchASmugMarriedNow1 · 18/02/2018 18:33

"""""Don’t ‘just agree’ to a divorce until the child arrangements and money are resolved. Just don’t."""""

This.

Tell him he can have his divorce when the financial and children arrangements have been finalised.

He doesn't get to decide how the assets are divided. Either you agree between you - or the judge decides.

TattiusTeddius · 18/02/2018 18:36

If I stayed id be safe but if he finds out I'm trying to take half the house he'll go spare. I can't 100% say he wouldn't hurt me

OP posts:
Calvinlookingforhobbs · 18/02/2018 18:37

You are going to get through all of this and you are going to be so happy. This is going to work out well for you. Focus on each day at a time. You’re a strong woman and a brilliant mother. Don’t feed his fire (his anger) with anger, out water on it with zen calm.

And if he is aggressive or threatening at. All. Call the police. Take care.

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