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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:
NotSuchASmugMarriedNow1 · 18/02/2018 18:38

You're not taking anything. Half of it is yours anyway!

Allthewaves · 18/02/2018 18:39

Get lawyer asap. Give stbxh the details of said lawyer and tell him the divorce will only be discussed through your lawyer.

RandomMess · 18/02/2018 18:41

Well he'll get half you flat and pension and you'll get half the marital home and his pension, same with cars and savings....

Marriage is a legal contract!!! It sounds like you'll have an occupation order long before the financials are started tbh.

allthegoodnameshadgone · 18/02/2018 18:53

For the child maintenance, please make sure
You ask for a variation to be applied.
This takes
Into consideration if they are self
Employed and paying them selves a low wage but taking out dividends or making excessive pension payments to avoid supporting their children.

I have to call up tomorrow to ask for this. If you want I can let you know what I say and what the response is from the CMA.

zzzzz · 18/02/2018 18:58

This reply has been deleted

Message withdrawn at poster's request.

Roomba · 18/02/2018 18:58

Yes, marriage is a legal contract that literally states that every asset belongs to the both of you legally. It is utterly irrelevant that only his name is on the deeds. It is an asset of the marriage. That is what marriage means! If he didn't want this, why would he marry anyone? It amazes me when people don't realise this - I often wonder whether it should be a requirement for marrying couples to complete some sort of course outlining the legal ramifications of what they are about to undertake!

Do not move out. If he is violent, or aggressive or just scares you at all, phone the police. Every time. If he refuses to stop behaving like this, he won't lose his legal part ownership of the house, but may well lose his legal right to live in the property (you could get an Occupation Order). I imagine his chances of obtaining residency of the children are next to nil, however much he outearns you, given the current circumstances.

He is in for a big shock when he visits a solicitor! Stay strong, see a solicitor ASAP and report any aggression right away.

WellWhoKnew · 18/02/2018 19:01

A STBXH should never be treated as one's legal advisor.

And even if he is a family lawyer, he should recuse himself as he has a conflict of interest. Tis in their code of practice.

AcrossthePond55 · 18/02/2018 19:06

Haven't RTFT sorry! Just wanted to quickly post STOP TALKING if you haven't already. No discussion of divorce or finances. Anything he says should be answered with a neutral "Mmm-hmmm" or an "Oh. That's food for thought". You need to be in absolute stealth mode and give nothing away regarding your plan for a financial settlement.

And get a SHL as soon as possible. See him/ her secretly.

puguin86 · 18/02/2018 19:06

Don't move out of the house OP. One of my friends was talked into moving into a bedsit by her Ex DH whilst they were "selling" the house. He didn't sell it and then took her to court saying she'd abandoned the DC. Her Ex DH was awarded custody. He was a lying manipulative shit and he got away with it! Don't move out ! And find a lawyer! Again my friend didn't till far too late ! Ginfor you

Lollypop701 · 18/02/2018 19:08

You are not taking anything... you were in a marriage! You supported his business financially, and where would that business be if you hadn’t? He has the money he has because of both of you. You work part time to bring up your children...a decision made by both of you so he needs to maintain that financially until you have been back at work long enough to get to the financial position you would have been in if you’d stayed in work . You are entitled to half of what you put into the marriage.....not half of what he deigns to bloody offer you!

AcrossthePond55 · 18/02/2018 19:13

And lock down any devices you have. Be sure he has no access to your internet history or messaging. Be sure you don't have any joint Apple or cloud accounts. Change all passwords even if you think he may not have them.

Consider opening a new email account for things related to your solicitor, divorce, or finances.

LoveInTokyo · 18/02/2018 19:23

I spent some time doing family Law back when I was a trainee solicitor.

One thing we saw all the time was a lot of “he said, she said”. Write down the things he says and does, with dates and times. Film or record him if possible. Don’t retaliate, don’t lose your temper, don’t say or do anything which he could write down and use against you. Even if he makes stuff up he’ll have no evidence, whereas you hopefully will if you manage to record him.

And don’t discuss what’s going on in public or on social media and tell your friends not to contact or approach him.

I remember my supervising partner feeling very pissed off with clients whose behaviour turned out to be less than white. It’s embarrassing if you get to court all ready to fight for your client and explain to the judge why they are the innocent party and find that the other spouse has screen shots of your client slagging them off or sending abusive messages to the other woman on facebook.

I’m not suggesting you would do any of these things - I’m just saying that if your behaviour throughout this process is impeccable and he is behaving like a shit, the judge will be less inclined to give him the benefit of the doubt about anything.

Minestheoneinthegreen · 18/02/2018 19:28

Not RTFT but having been through a fucking horrific divorce my advice would be this: he is talking shit in an attempt to scare and manipulate you. He is not in any way knowledgeable about things, he is blustering and just saying the things he knows will hurt you. Mine 'was going to get custody' and now doesn't even see dc. Get advice, ignore him and don't give his shit head space. It is not his job to decide what the divorce looks like. I used to tell my ex to email me anything he needed to tell me so I could clarify the legal position with my solicitor. Oddly, nothing came in writing.

Tistheseason17 · 18/02/2018 19:53

Do exactly as @LoveInTokyo says
Great advice

mathsquestions · 18/02/2018 19:56

GET DETAILS OF HIS FINANCES ASAP!!!

You're only going for half the house in the very long term. Of course you'll be staying in it with your kids until the youngest is 21. Good luck, be strong and call the police of you feel threatened.

Insertquirkyname · 18/02/2018 20:00

PM’d you op.

Brakebackcyclebot · 18/02/2018 20:03

Hi OP, I haven't read everything so apologies if I repeat things.

You sound strong - keep that going. Stay calm, focused, resilient. Take copies of all financial information, Don't discuss financials with him. Get a really good lawyer. Keep records of everything he does, threats he issues, any violence - call the police. Don't move out of the house if you can safely stay.

On an emotional front, be ready for a rollercoaster. Get a support network around you. Do you have a friend or 2 who you can talk to and who will be ready to help if you call (I'm thinking if he is violent or threatening)? Look after yourself - make sure you eat and sleep as well as you can. Do something kind for yourself every day. Try to think positive. Imagine the wonderful, free life you will have without him. Visualise it in real detail and imprint it on your subconscious. It will help you if you feel low to remember what your goal is.

Sending you virtual hugs OP. X

Rosielily · 18/02/2018 20:46

Have you any pensions, life insurance policies, death in benefit payments etc of which he is the beneficiary. They will have to be changed too. You should also make a new will if he is a beneficiary. If you should die before the divorce is finalised he will inherit. If you die intestate he would still inherit.

bastardkitty · 18/02/2018 20:55

You are not 'trying to take half the house' - it is yours. I see you are married to a grade A cunt and actually quite a stupid one at that.

I think you should call the police now and explain that your husband has had a violent outburst and thrown a baby walker at the wall, that his behaviour is frightening you and you are worried for the safety of the children. Every single time he does something violent, call the police. You need a record of his behaviour. IMO he is not fit to be left in sole charge of children if he cannot control his temper

This ^. Say nothing to him. Find the best solicitor. Keep a record of all his threats and abusive behaviour. DON'T MOVE OUT. He is in for such a shock. Although to be honest I think he knows the score and is just trying it on. Your life will be so much better without him Flowers

mouseistrapped · 18/02/2018 20:57

Jesus Christ OP he sounds flipping awful.

I have no experience of advice but I just want to rally you to go for bloody half!! Don't forget half his (your) pension. You are owed
Half, this is not TAKING his money. And a court of law totally recognises this as marriage is a partnership.

Do not give any information away, keep your cards close to your chest.

Best best of luck and keep us
Updated. You can do this 💪

mouseistrapped · 18/02/2018 20:58

Ps you'll
Need to bring up the DV so he doesn't get residency.

mouseistrapped · 18/02/2018 21:01

Careful of your phone what messages you are sending people and MN account. He might read up to try and get info. Hide it at night !!

Wonkydonkey44 · 18/02/2018 21:16

Having been through an incredibly messy divorce the advise I would give you is

Keep your cards close to your chest

Don’t agree to anything under some misguided loyalty . You need a fair split of assets and pensions etc and don’t be like me who hopes that by being nice and reasonable you can salvage some kind of friendship after this . You won’t , his colours are being shown now take note .

He won’t play fair or nice or be reasonable or probably even tell you the truth most of the time , get your self the best solicitor you can and prepare to watch the man you loved try and destroy everything in his power to punish everyone around him.

Stay strong for your kids I wish I’d been stronger I truly wish I’d be stronger especially for my son that’s my one true regret.

Don’t put up with the abuse it can escalate . I was choked and thrown down the stairs please stay safe

I wish you loads of luck x

ZBIsabella · 18/02/2018 21:26

Lots of good advice above. Doesn 't matter house is in his name and flat in yours. Both your assets are all added up and debts of both taken off to work out what is left and then ideally 50/50. I don't know if you have more equity in his house than you have in your flat of course but either way that is what is divided. I would not move out and you might get enough to stay where you are and he has to move out and rent somewhere. It is likely your flat may have to be sold however to ensure he has a bit of a pay out to buy something else. I would not be contacting estate agents and don't move out. Possession is 9/10ths of the law. We stayed together until decree absolute, financial consent order and house remortgage.

On the private school issues as people say it may be a bit hard to afford with two homes to run even with £80k and £14k earnings and the rent you make on your flat but remember he can't just remove the child. He might have to pay the fees or you may choose to use what he pays towards that.

He is not likely to get residence of the children.

TattiusTeddius · 18/02/2018 21:40

Hi everyone

Sorry for the late update - I don't want to update in front of him in case he sees what I'm doing. I'm in the bath now (tight bastard moans about water usage so I've filled the fucker right up to the top Grin) with door locked.

So, he took himself off to the bedroom earlier for 2 hours, no doubt to swot up on divorces. He came down being nicer - probably thought it's best to keep on my good side. He said he's changed his mind about taking DD out of private school. I simply said "ok then". Actually I think PPs make a good point indeed, this is something he could potentially dangle over me for the next 14 years, so she will be going to the very good local village School come September.

I'm not moving. I'm not telling him that, but I'm staying put and will be contacting a solicitor tomorrow about putting an order in place to stay in my house and prevent him from selling it.

A Mum at DD's School is a family lawyer so I may bend her ear in the morning.

Thank you for all the advice and PMs I love this site x

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