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Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

AFFAIR AND SEPARATION

10 replies

lavvy · 03/04/2017 17:58

I have 2 children, the youngest is 3 months old. At Christmas I found out my husband was cheating. He now says our marriage is over. He wont move out, is still seeing the woman. We own our home and he wants to sell, I don't, as to remain in my area for schooling the rents would be astronomical and I would never be able to afford it. He is no longer supporting us financially and all I am getting is Maternity pay. I go back to work part time in November, he intends to keep things as they are until I return to work. He is paying the mortgage but nothing else, I can't look after the family (children & me) on the amount I am getting. I don't think I can claim WTC as he stays in the house, although we don't sleep together. He is just making my life misery, and rubbing his affair under my nose. I am at my wits end, in my purse at the moment I have £2, until next week. But he refuses to help. He takes home over £3k a month salary. Please help!

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MrsBertBibby · 03/04/2017 18:33

Are you able to download and print things?

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DangerDays · 03/04/2017 19:02

I know it's not much consolation right now, but you should be able to get maintenance payments from him for the children once you have completely split.
I'm afraid I don't have much advice RE your house - have either of you sought legal advice? If you can't afford to see a lawyer, then a call to Women's Aid might be able to get you some information about your rights and what you should do next.

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lavvy · 03/04/2017 21:03

Yes!

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MrsBertBibby · 03/04/2017 21:39

Assuming then you are in England / Wales...

You can claim tax credits despite him still being there. The best way is to get divorce proceedings rolling. But call them first, to discuss.

To start a divorce, download a divorce petition here
hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do

Put D8 in the top box, and the petition is the 8th form. There's a guidance note to help you further down the page. I strongly suggest you go on unreasonable behaviour, not adultery. Put what you've said in your op as the paeticulars.

You will need your marriage certificate to send to court. Print and sign 3 copies of the petition, and also complete and send 1 form ex160 (same search as before) to get out of the Court fee.

Send it all to your assigned divorce centre, you can find the details here

courttribunalfinder.service.gov.uk/search/postcode?aol=Divorce&spoe=start

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lavvy · 04/04/2017 17:52

Thank you all so much,

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tadpole73 · 09/04/2017 17:55

Why MrsBertBibby should she go for unreasonable behaviour as opposed to adultery? Just interested in the reason.

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jeaux90 · 09/04/2017 19:22

I am pretty sure that adultery is hard to prove unless you actually have evidence of people having sex.

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MrsBertBibby · 09/04/2017 19:40

It's hard to prove adultery without an admission, or a resulting child.

For UB, all you need is to prove service.

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tadpole73 · 09/04/2017 20:02

Ahhh of course

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TreeTop7 · 09/04/2017 20:09

You can claim tax credits as a single person even if you're under the same roof. The fact that you're serving him with divorce papers proves that you're no longer a couple.