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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I have to get divorced but I don't understand marriage or divorce

25 replies

monsterradeliciosa · 04/03/2023 08:24

I didn't want to get married, I was afraid to say no. He's been reported for coercive controlling behaviour (open police case). I have no idea what marriage even means because I have always been against it and don't understand the legalities. I don't have much money, am on benefits and a single mum (not his child).

We were married a year and it was consensually consummated.

We're separated now and he's denying abuse via the family courts. Court case ongoing.

How do I go about getting divorced? I will apply for legal aid for it once the first case is dealt with, but anyone got a dummy's guide? Because I am a dummy.

OP posts:
Toffeeappler · 04/03/2023 08:32

This is what you need:
www.advicenow.org.uk/tags/separation-divorce-and-dissolution-civil-partnerships

VainAbigail · 04/03/2023 08:36

There is a woman on Facebook called The Legal Queen. She specialises in this sort of stuff and posts lots of videos. She regularly posts about DIY divorces and how much it costs etc. Have a look through her videos as they’re very good and informative.

MooseBeTimeForSnow · 04/03/2023 08:39

You won’t get legal aid for a divorce but if you have a low income you might be eligible for an exemption on some or all of the court fee.

monsterradeliciosa · 04/03/2023 08:39

Thank you. The deciding to divorce and moving out stuff is all null and void. I kicked him out and never wanted to get married, I made this clear throughout and got told off for saying it.

I would rather the marriage be voided but unsure I should risk applying. We will see what the outcome of police investigation (if there is one) is.

Neither of us have any money nor assets, only debts.

OP posts:
monsterradeliciosa · 04/03/2023 08:49

MooseBeTimeForSnow · 04/03/2023 08:39

You won’t get legal aid for a divorce but if you have a low income you might be eligible for an exemption on some or all of the court fee.

You can if there was domestic abuse

OP posts:
knittingaddict · 04/03/2023 09:06

monsterradeliciosa · 04/03/2023 08:49

You can if there was domestic abuse

I don't think you can for divorce. My daughter got legal aid for family court, but just legal help for the divorce. Her legal help was excellent though and went beyond what they were supposed to do. Not sure that would be true everywhere.

knittingaddict · 04/03/2023 09:10

It says online that you can get legal aid for divorce in some circumstances so that's your best bet. Find a solicitor who will do that if possible.

Highly doubt you will get an annulment. I know of only one personally and the circumstances were very extreme.

knittingaddict · 04/03/2023 09:11

How are you funding family court now?

LakieLady · 04/03/2023 09:20

Do you have joint assets, esp a house, that will have to be split?

If not, and if you can bear to wait until you have lived separately for 2 years, the paperwork is very straightforward.

Even if he were to oppose the divorce, if he's convicted of control and coercion I would suspect it would be very easy to get it because you have excellent evidence of his unreasonable behaviour.

You might be better off asking this question on the legal board on here, OP, there are some very knowledgeable people on there.

monsterradeliciosa · 04/03/2023 12:03

knittingaddict · 04/03/2023 09:11

How are you funding family court now?

Legal aid

OP posts:
Dartmoorcheffy · 04/03/2023 12:06

You can get legal aid for a divorce if domestic abuse is proved. I did.

monsterradeliciosa · 04/03/2023 12:52

Thanks all
I’ve applied online
was very easy
applied for help with costs

OP posts:
monsterradeliciosa · 04/03/2023 12:54

I didn’t want to wait
police are taking a while and my child is yet to make her statement
and my next court hearing for family is April and could move to fact finding so why wait?

OP posts:
SiliconHeaven · 04/03/2023 12:56

OP, what do you mean by ‘I have no idea what marriage even means’?
it’s an unusual statement

WhatsitWiggle · 04/03/2023 13:01

@LakieLady No fault divorces came in last April. If you're in England, you no longer have to wait 2 years after separation.

www.unbiased.co.uk/discover/personal-finance/family/no-fault-divorce-the-new-law-changes-explained#:~:text=For%20the%20first%20time%20in,Divorce%2C%20Dissolution%20and%20Separation%20Act.

ShimmeringShirts · 04/03/2023 13:20

Why are you going through family court if your child isn’t his? Is this just for the divorce? I’d recommend going a no fault divorce if so, as far as I understand it he shouldn’t be able to contest that. If there’s no shared assets it should be relatively straightforward

ShimmeringShirts · 04/03/2023 13:23

Also the courts won’t take into consideration whether you wanted to marry or whether you understand what marriage is either. Unless you’ve severe learning difficulties, you did get married.

knittingaddict · 04/03/2023 14:12

Yes, what are you going through the family courts for?

knittingaddict · 04/03/2023 14:13

Also if you have legal aid then you have a solicitor. Ask them about marriage and divorce.

monsterradeliciosa · 04/03/2023 18:18

ShimmeringShirts · 04/03/2023 13:20

Why are you going through family court if your child isn’t his? Is this just for the divorce? I’d recommend going a no fault divorce if so, as far as I understand it he shouldn’t be able to contest that. If there’s no shared assets it should be relatively straightforward

He applied for joint custody of my child

OP posts:
monsterradeliciosa · 04/03/2023 18:20

ShimmeringShirts · 04/03/2023 13:23

Also the courts won’t take into consideration whether you wanted to marry or whether you understand what marriage is either. Unless you’ve severe learning difficulties, you did get married.

Coercive controlling relationship
he told me I couldn’t care for my child without him
I knew he’d do something to get her off me
he’s doing just that
on the basis of our marriage and his living with us he’s applied for a child arrangements order

OP posts:
monsterradeliciosa · 04/03/2023 18:23

SiliconHeaven · 04/03/2023 12:56

OP, what do you mean by ‘I have no idea what marriage even means’?
it’s an unusual statement

I have no idea the legal ties it brings
because I have no interest
my parents weren’t married
mum just learning more he can go for my inheritance even after we’re separated

sure he knew

OP posts:
monsterradeliciosa · 04/03/2023 18:25

monsterradeliciosa · 04/03/2023 18:23

I have no idea the legal ties it brings
because I have no interest
my parents weren’t married
mum just learning more he can go for my inheritance even after we’re separated

sure he knew

Typos as on my phone
I’m just learning now

not mum just learning more

OP posts:
knittingaddict · 05/03/2023 15:58

How long were you together for?

monsterradeliciosa · 05/03/2023 17:30

knittingaddict · 05/03/2023 15:58

How long were you together for?

One year
I’ve just made a post
I’ve applied for the divorce now but looking to find out what’s next

Hi help is so appreciated

mum dealing with this, a child arrangements case, work, and raising my child

so I’ve done my divorce application

hoping it goes through forthwith once my low income fee waiver is approved

what’s next? government pages are unclear

im on heavy medication for my stress because of all this

i need him out of my life ASAP

he was abusive

what order do I get next?

im heavily confused over financial separation which is very important

he will probably try and make me liable for his huge debts

don’t really care
I’m poor

no property

no car

no money between us

he’s lawyered up
family help

I’ve not one spare penny

im doing this all alone

got legal aid for the family case

ive exhausted online explanations and videos

OP posts:
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