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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Divorce advice needed please....

1 reply

hiddy · 13/12/2023 19:55

I posted in divorce and separation but no responses and I need to get back to my solicitor by tomorrow.

This is all new to me and I don't fully understand. I've asked my solicitor but still don't fully understand.

Divorcing abusive ex husband 🎉

I also want a 'clean break' order. He is a gambling addict and in a lot of debt. Also one day, I may inherit a large sum of money which I don't want him to be able to claim any of it.

We have no joint finances - everything is sorted. No joint bank accounts. Savings have already been split. No mortgage. No joint assets or loans. No joint Bank accounts. Nothing. He has loads of loans but non are in my name.

I am claiming legal aid as it has been domestic abuse.

So my solicitor has drafted up a letter to send to him along with asking him to fill out a 'schedule of outgoings'

He is going to refuse that. He is going to bombard me with emails thinking that I'm after his money (not that he has any) but I'm not.

He wanted me to file online but I didn't want too. It's going to really get to him that I'm using a solicitor and more so that they are asking for information from him.

The solicitor said they don't have to ask him for anything financial wise but then I must sign a disclaimer to say that they cannot advise me on a financial settlement. Should the financial settlement just be zero?

He has no money and is in mountains of debt.

Advice please?

OP posts:
Picoloangel · 13/12/2023 22:50

You can do it all by consent but it would still have to be agreed by a judge. In order for a judge to decide if the consent order represents a fair settlement there’d have to be some sort of financial information such as a Form E. if your ex refuses to supply
information there could be ramifications particularly if a Court has ordered him to do so.
i would be v v reluctant to sign a disclaimer. If your solicitors are experts in financial divorce cases I would stick with them and do as they say. The last thing you need is a “settlement” that exposes you to the risk of a claim from your ex at some point in the future. Get legal aid and leave it to your solicitor. Good luck.

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