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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Legally screwed over

12 replies

Legalhelp · 09/12/2020 23:07

Any legal people here or people who have been in a similar situation?
Looking for help on behalf of a friend, worried to be too outing.
Separated from dh of many years, three children, teenage years. She hasn’t worked during the marriage due to ill health and has received benefits for that etc, is now on UC and receiving on and off a paltry amount of child benefit from him.
He’s always been in control of money throughout the marriage and sees it all now as her not taking ‘His’ money away from him.
Currently pressurising her to sign an agreement when clearly she could do much better out of the situation for her own stability and future.
The problem is she can’t afford a solicitor (he can, which also shows the disparity in their situations) she had a one hour free consultation but can’t afford to take things further.
What are the options in this situation? Surely the left behind party can’t just get financially screwed over?

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Legalhelp · 09/12/2020 23:24

Anyone? She really needs help

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PicsInRed · 09/12/2020 23:30

I would advise she self rep in court if she has to. They'll give her more than nothing, and she won't have any costs. Attend a MIAM and claim domestic violence (it is - he's controlling) therefore mediation not appropriate and straight to court. What has she got to lose?

The court should be able to put her in touch with McKenzie friends to provide some very basic assistance in court.

arethereanyleftatall · 09/12/2020 23:34

I'm not sure if this helps at all but my consent order (finance papers) are currently at the courts waiting for stamps.
My understanding is that at this final stage, the independent judge looks at all the figures and what we're both asking for and decides if it's fair.
We've had to disclose basic info such as annual salary, savings etc.
We've had to disclose whether we've seen solicitors etc (and independently or just one of us etc)
So, my understanding is the courts won't stamp something that isn't in the region of fair. I hope that's right.

Legalhelp · 09/12/2020 23:34

He’s pressuring her to sign an agreement, does she have to? Can she keep just basically ignoring it? They’re not getting divorced (as of yet) but this is an agreement in regards to the house etc

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Legalhelp · 09/12/2020 23:36

@arethereanyleftatall Sorry I find all this very confusing! So what should she do next? Refuse to sigh the agreement and then what?

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SebastianTheCrab · 09/12/2020 23:43

IIRC if he has the means he could be made to fund her solicitor. In theory the starting point for the money is it's a joint pot so it shouldn't just be paying for him.

arethereanyleftatall · 09/12/2020 23:44

I'm not sure I can help but maybe someone else can. But they might need a bit more info..

What is this agreement you're talking about?

Do you mean something his solicitor has drawn up regarding finances?

8obbingabout · 09/12/2020 23:48

She should not sign anything at all. Nor can he make her sign anything. He is clearly trying to take advantage of her situation. What an arsehole

2019user44 · 09/12/2020 23:48

If she is on UC and there has been domestic abuse (which could include financial abuse) and she is able to evidence the domestic abuse; she can get legal aid which should mean that she can get advice. It is probably worth going to the GP and explaining she is stressed because of the financial pressure he is putting her under. This will then be documented on her records and she can ask her solicitor to write to the GP to get evidence of the domestic abuse. She should not sign this document. She would need a solicitor with a legal aid franchise and I would advise trying to get a solicitor who has the resolution domestic abuse specialism. You should be able to go onto resolutions website and find a solicitor with this qualification.Good luck to her.

AndcalloffChristmas · 09/12/2020 23:50

She’d be better off self representing at court that just signing what he wants. The judge is basically in control of the hearing after all.

Depending on how much the assets are actually worth it might be worth using credit to see a solicitor, in that she’ll get more than that when it’s over.

Mediation in the first place is a good place to start and required in most cases.

Legalhelp · 09/12/2020 23:56

@arethereanyleftatall I think so yes, it’s a proposal he states is ‘More than fair’ and says if they have to go further, solicitors costs etc will take more money out of what they’ll be entitled to anyway (so better to sign this I’m guessing)

I’m not sure if she’d want to go down the abuse route tbh, I think she could but I can’t see her doing that. It could get very messy and I know she’s highly stressed with it all already. It probably wouldn’t be the best course of action.
It just pisses me off that she’ll maybe just have to give in instead of having any real help on her side. His family are very switched on and seem to be advising/pushing him

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Legalhelp · 09/12/2020 23:57

Is there no other way to get legal aid nowadays? Even if she’s not working and on UC?

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