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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To request a meeting with her solicitor?

8 replies

ArgueWithATree · 28/06/2023 07:24

I'll try to keep this brief without too much identifying info...

My parents are in the middle of a messy divorce.

It has reached the point where DM wants to take proceedings to court for a financial remedy application. However, on receiving the SOW from the solicitor it is clear she would not be able to afford the fees. In fact, it would wipe out what she has put aside entirely and then some.

The big problem here is that DM has MH problems and substance abuse issues. Throughout various stages of this process she has been in psychiatric care or not in active recovery.

Last night she was in a state saying she didn't know what to do as she can't afford the next step in the process.

So far I have tried to remove myself from the particulars of the situation. I fully support the divorce, their marriage has always been tumultuous and I feel separation is right for them both. However I'm worried she is not in a place to advocate for herself/ask the right questions/understand her options, etc. I'm not saying outright the solicitor isn't acting in her best interests, but I do worry about their motivations considering the money that's involved.

I've tried to ask her what is the next step if she can't pay for court and she says she doesn't know. This rings alarm bells for me as she should have known when she made this decision, in my opinion. Of course, to this point I haven't been privy to any of the conversations she's been having with her solicitor, so everything I hear is through her, often when things aren't so good.

I don't want to get involved at all tbh. But I feel she needs someone on her side to help. So last night I suggested that I get in touch with the solicitor and arrange a 3 way video call where I can ask questions/take notes on the current situation and options for next steps.

DM is on board with this but I'm worried that if this comes to light it could come across as though I'm taking sides. I'm not - I just feel DM needs an advocate in what is an extremely difficult time. I want to help her end this quickly so she can focus on her recovery, because every time something like this happens she slips back.

AIBU offering to get involved? Should I just back off or am I doing the right thing?

OP posts:
Whataretheodds · 28/06/2023 07:34

It's not taking sides and it's fine. Just bear in mind the cost of this appointment.

Nordicrain · 28/06/2023 07:36

I think it's fine.

If you are genuinely concerned about her state of mind you an also tell the solicitor. They have a duty of care to their clients.

TimesRwo · 28/06/2023 07:37

Is it worth talking to your dad about it first, just in case he misunderstands the situation.

Testina · 28/06/2023 07:40

If she’s trying to go for a settlement that’s not fair - then take sides with your father and leave her to it.

If she’s having to do this because he isn’t being fair - then take sides with your mother.

Sometimes, it actually is appropriate to take sides 🤷🏻‍♀️

ArgueWithATree · 28/06/2023 07:51

Testina · 28/06/2023 07:40

If she’s trying to go for a settlement that’s not fair - then take sides with your father and leave her to it.

If she’s having to do this because he isn’t being fair - then take sides with your mother.

Sometimes, it actually is appropriate to take sides 🤷🏻‍♀️

I see your point. But I'd rather not go with that black and white thinking of taking sides.

Rather, I want to ensure she understands the implications of each decision she makes and how it might impact her.

I want her to get what's fair. But fair is subjective in this situation, which is where the problems are arising.

It's my hope that getting involved in some way might help her gain a perspective in which she doesn't sacrifice everything (including her mental health and peace) at the alter of 'getting what she's owed' but that's hard when I only get one side.

DF has never bought up the divorce proceedings with me or my DSis and presume he would rather keep it that way. And so would I really but I'm faced with the prospect of watching her self destruct if I stand back and do nothing.

OP posts:
jackstini · 28/06/2023 08:04

Separately, does your DM have lasting power of attorney in place yet?
Sounds like that may be needed in the near future

Choice4567 · 28/06/2023 08:07

You can get an advocate for her if that would help. Someone to explain proceedings to her and make sure her voice is heard.

ArgueWithATree · 28/06/2023 08:55

jackstini · 28/06/2023 08:04

Separately, does your DM have lasting power of attorney in place yet?
Sounds like that may be needed in the near future

I had not considered this however I think it would be a good idea considering everything that has happened so I'm going to raise this with her today. Thank you.

OP posts:
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