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Divorce/separation

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

Further support for those starting the divorce process

678 replies

NotJanine · 11/04/2017 09:22

New thread so we can carry on supporting each other Smile

OP posts:
Hermonie2016 · 25/07/2017 21:51

Snuggly, definitely glad you didnt sign his agreement.
I am heading towards a messy divorce and despite the stress I know it's something I have to do..often the money is used to punish partners as I feel my ex is afraid I'll have a good life without him.

Be strong, it could be a long journey but solicitors will lead you through it.

SnugglyBedSocks · 26/07/2017 07:37

He has closed our joint account. Told me he didn't need my permission to do so. It actually doesn't affect me at all as I didn't use it but I'm surprised that he could do it without my permission.

Helpmeltb · 26/07/2017 18:42

snuggly I'm surprised he could close the joint account. I couldn't. I could freeze it (by saying it's in dispute) and the bank then had to speak to ex to get an agreement on how to split the balance.

Properjob · 27/07/2017 10:49

Snuggle sorry to hear your news. My app didn't tell me there was an update sorry you were left hanging for a bit! I too was asked for a divorce, quite out of the blue for me, in March. I am amazed that your stbxh could shut the joint ac however I was surprised when I found I could take a large sum out of ours (it was my pension lump sum). Just shows how much trust is involved in these arrangements. Sounds like you are getting good advice. I too petitioned in the end, it gives you some control and satisfaction back when you've had your planned future ripped away. Good luck my dear, let us know how you are getting on. We have the Nisi now and a major holdup with my pension certificate which means Absolute will not be till October. However, he can't force it since I petitioned. Meanwhile we have a houseful since DD boyfriend has been chucked out (he's a really nice boy, no idea why) so there are 5 of us in a weird pseudo family. Hope you are all coping with your strange lives, looking forward to it all being done with and a new start! Flowers

SnugglyBedSocks · 27/07/2017 18:07

I am currently filling in Form E. He didn't see why he had too as he'd decided all his pension and redundancy was his alone!

He has now agreed to do his....

Properjob · 28/07/2017 00:02

Yep Snuggle amazing how these twats ask for a divorce without actually doing any research first. So many cases I'm hearing of like mine, I'm beginning to think it has little to do with me and all to do with their arrogance, midlife crisis, dickheaded ness.... Whatever. I've got to do Form E this weekend. Enjoy taking it off him love and remember you are entitled Flowers

SnugglyBedSocks · 28/07/2017 07:27

Did you get a guide to help fill it in? The one that my solicitor sent with it was ok but I still stuggled with some terminology..

I found this guide which has helped the most.

www.advicenow.org.uk

How to fill in your financial statement without the help of a lawyer

SnugglyBedSocks · 28/07/2017 07:30

I don't want to completely skint him out but he had given no thought to what the children and i would do. Especially as I'm PT and he wanted the house on the market asap ( again...does he think I'm really going to agree to that without legal advise!!)

Hotwaterbottle1 · 30/07/2017 10:50

I joined in a while back but things settled down for a while.

We got an official separation agreement dated April 2016 as separation date (even though he only moved out April 2017). If I file for the divorce now does everything in the agreement still stand or can he change things?
Thank you.
I'm in Scotland, it does make a difference in some areas.

Properjob · 30/07/2017 12:14

Hiya Hotwater, think the separation date is crucial for the asset listing,but not sure about varying the terms of the finance agreement. In England you do need to have a mediation offered to you before Absolute. Have your circumstances changed eg living with someone else,that would definitely affect it I think.
I'm filling in a version of Form E that we got from our mediation service, it's not too baffling. The first individual short meeting was free and now we are paying about 100 to have a joint meeting to agree finances. However we will each get our sol to check the deal, as for my part I've lost all trust in him, and he has always been Mr. Paranoid. Think it will all cost about 4000 in the end.Angry

JaffaCakesMum · 30/07/2017 16:02

Hotwaterbottle, I'm also in Scotland and am trying to get a separation agreement agreed and drawn up. My understanding is that a separation agreement is pretty much written in stone once it has been registered...but you've got me wondering and will ask my solicitor the next time I speak to her. In Scotland though, once you are divorced then that is it, you can't go back and ask for more if circumstances change etc. My separation agreement is purely financial as my girls are 16 & 18 and will be about how we decide to split our assets but there will (hopefully) be a bit in it where he will pay me x amount for the next 3 years. I will need to check that he can't change that.

SnugglyBedSocks · 30/07/2017 22:49

I'm in the UK.

My solicitor said that seperation agreements are not legally binding. However if they have been drawn up correctly and everyone is happy, then the court will go along with it.

But.... if one party did want to change something later on, then they probably could.

This is why I was advised to not go for a 2yr seperation with seperation agreement because for us we were heading straight for divorce. She said it would be more financially stable for me to file for unreasonable behaviour in view of his inappropriate relationship with the other woman and get the finances sorted legally.

My STBX also has spending issue and so my solicitor wants me protected asap

Helpmeltb · 01/08/2017 00:39

Anyone know if it's a really bad idea to sack my solicitor when finances are almost sorted?

I don't think I have any confidence left in her - original solicitor made a couple of mistakes on form which were corrected when I pointed them out, she went on maternity leave, replacement started posting everything rather than email (had agreed email as was still living with stbxh), got bill totally out of the blue and still waiting for a breakdown 2 weeks after asking, stbxh's solicitor claims to have sent paperwork my solicitor hasn't received, solicitor claimed I hadn't replied to an email and was chasing a response then said she'd posted it to my new address (still don't know if she emailed or sent letter), she's said i have corresponded with stbxh's solicitor directly because she mis-read my email twice AND today I've emailed chasing the invoice breakdown and her out of office says she's away until the 7th when I have a meeting booked in for the 4th. AngrySad

Properjob · 01/08/2017 08:54

Hi Helpme I remember your post about solicitor, sounds horrendous, yes I would go to another to check the finances. There must be a way to complain about your old solicitor, the Law society? Awful to spend money now, butvworth it for peace of mind about a fair settlement? Really sorry extra work when you don't need it. Flowers

Properjob · 02/08/2017 22:52

Hi all had my mediation meeting today where I was told my DS25, who has returned home to live and is obviously depressed, will be living with stbxh, who is having counselling, presumably to cope with the fact he's ended our 28 year marriage....DS has been assessed without my knowledge, this is all being concealed from me. I was very upset although have recovered a bit. Should I accept that DS needs his father and to separate himself from me? I am still of course caring for my son, finding him work and ferrying him about. I feel there is nothing I can do, what's the best approach to deal with this? There's other issues too but this is the one that's upset meSad

CarrieMayBe · 05/08/2017 09:12

Hello everyone, can I join in? I spend hours of my life discussing my divorce with friends and family and, whilst they are incredibly supportive, I feel I'm putting too much on them and would be nice to talk with people who know exactly how I'm feeling.

I'll try and keep the backstory brief: Ex left at Christmas, I'd discovered he was having an affair in November and tried to cling on to what was left of our marriage but after 6 weeks he decided he was leaving. We have 4 DCs, 21, 17, 9 and 7.

Ex lives in a rented house. I'm still in marital home. We don't have a mortgage but he took out a loan against his business to pay towards the house but there is still around 70% equity in the house.

I started divorce proceedings in March, he was incredibly difficult right from the off. Ignored the divorce papers claiming he needed to sort a solicitor out yet failed to do so for ages. He delays responding to everything and even then doesn't ever answer what has been asked of him, just poses a new, unrelated, question of his own. I have spent over £3000 so far and apart from having got the decree Nisi, I am no further forward.

The main issue is that he runs his own business. A Ltd company with a high turnover and considerable profits. However, despite both of us completing a voluntary Form E, he hasn't provided full disclosure - no bank statements, tax returns or management accounts. His last set of accounts are dated May 2016 so I have no current picture of the state of his finances. His biggest gripe is that I won't allow him to take out a mortgage on the house to clear the business loan. My solicitor has said it would be insane to allow this as it will reduce the equity in the house and as the business loan is not in my name, it has nothing to do with me and therefore I need to protect my main interest which is the house.

Anyway, long story short, he has initiated court proceedings whilst at the same time maintaining he doesn't want it to go to court Confused He wants to go to mediation but is refusing to provide full disclosure of his finances unless it is court ordered. I can only assume this is to scare me into agreeing to mediation yet how can I possibly negotiate a settlement without any idea of his finances?

When he left, he agreed to continue paying a couple of bills plus maintenance for me and the children. I should add that I don't work as have always been a SAHM, he paid me a wage from the business for tax purposes. I am starting a new job next month but will be earning minimum wage which is miles off what he earns (he earns at least 8x that). This week, he has stopped paying those bills and all maintenance as he claims he cannot afford to any more. His solicitor seems to think this is acceptable. I have now lost £1000/month.

He has the children overnight 3/14 and has an excellent relationship with them, I have no issses there. But he is breaking me. My legal bill for the past month came in on Thursday and is £855. I just cannot continue to sustain this level of expense. I have had to shelve all plans for days out during the holidays and the remainder of what little I have saved up will be spent on this solicitors bill and the expenses of new uniforms and bus pass for the children. My solicitor, based on the information that ex has initiated court proceedings, has estimated my total costs to be £21,000 with extra for counsel fees if it goes to a 3rd court hearing.

I cannot bear to even look at him, let alone speak to him. He is living the life of Riley whilst I don't know how to make ends meet. We were together over 20yrs and he has ripped my family apart.

I'm sorry this is so long!

CarrieMayBe · 05/08/2017 09:18

Forgot to add, the marital home is ridiculously large hence why he initially agreed to continue paying a couple of the bills. He has refused to answer my solicitors question about putting the house on the market for the past 4 months, finally agreeing this week for it to be sold. Under any other circumstances I wouldn't expect any help towards the running costs, beyond maintenance payments, but he chose to live here, he then chose to leave me living here and refused to allow me to sell up, all the time knowing the utility bills and council tax are cripplingly expensive each month.

JaffaCakesMum · 05/08/2017 10:24

Carrie, I don't know what to say to you except welcome to this thread. There are a few of us in very similar situations.

My marriage ended June 2016 and I'm no further forward. When it comes to the finances they turn nasty and don't want to part with a penny. My girls are 18 & 16 so no custody issues, having said that he's not speaking to either of them at the moment....56 year old having a toddler tantrum! Due to his court case coming up next week, for threatening and abusive behaviour and assault, he has not been allowed at the house since the middle of June, otherwise for a year we had been living in the same house. He still hasn't given me permission to sell the house, which is mortgage free.

He still pays the bills and gives me money every week for the girls but I think that will change once the court case is over. I'm also worried that he will walk back into the house again unless I get a restraining order (at a cost of around £2k). I'm on a basic wage and work part time so money is tight. If we have to go to court to get the finances sorted then so be it. It'll cost me £20/£30k but it will also cost him the same. That means I won't be able to buy my girls and me a home and will have to rent but so be it. All I want now it to be free of him.

I'm sorry I haven't given you any advice but I certainly do know how you feel. I bet you have days where you look forward to your future but more days of complete and utter despair.

CarrieMayBe · 05/08/2017 11:41

Thanks Jaffa, I know exactly what you mean about wanting to be free of him, whatever the cost.

When my solicitor told me he'd stopped all maintenance it took everything I had not to text him and tell him to take the lot; I'll start again from scratch with no involvement from him. Rationally thinking though, that would be insane as I have no pension and neither did he, I have no provision for my future whatsoever and young children who will depend on me for the next 10yrs at least.

So frustrating when it was him that caused this, wanted this, all I want to do is to move on from this and stop letting it define me.

Startoftheyear2017 · 05/08/2017 11:54

Hi Carrie your story is very similar to mine. My kids are 19, 17, 13 and 8 years. How have you handled how they feel about their dad? I find it hard when they're accepting of him but they don't know how he's behaving in mediation - wanting to get as much money as he can and pay as little as he can towards their costs. Also, he's refusing to move out of the family home. It makes things even more painful. It's a tough thing this divorce business. Wish we all didn't have to go through it!

CarrieMayBe · 05/08/2017 13:36

Hi Start, sorry to hear you're going through similar.

My kids think ex is the bees knees. My eldest not so much, ex doesn't really bother to keep in touch with him and as he's 21, works full time and has a GF he doesn't go to ex's with the others at weekends. He is aware of what his dad is I think.

My 17yo knows about her dad's affair but they are very close. Closer than she and I are. Our relationship has deteriorated rapidly, I discovered texts they had been sending each other where they were both ripping me apart and she had told him lots of untruths including alleging I needed her to help with the children otherwise I wouldn't cope! This has made things extremely difficult as I can no longer discuss any aspect of my life or finances as it was all going straight back to him.

The youngest children don't know he had an affair. I decided it wasn't appropriate for them to know yet I wish I had told them now. It just doesn't seem to right to do so now we're this far along but they often ask me why he left me and why doesn't he love me.

I feel so sorry for anyone who is still having to actually live with their ex, that would push me to do unspeakable things to mine I think! I find it hard enough seeing him when he collects/drops the children off - my only comfort is that I no longer have to spend any length of time near him anymore.

Helpmeltb · 05/08/2017 15:34

Well had solicitor's appointment yesterday with the more senior solicitor as mine is on holiday. Consent order was pretty much what we'd agreed so signed it. I just can't be bothered arguing for more money.

Typically today I have car problems so have had a big sob-fest over how much easier it is for him financially. I'm here praying my car lasts another few months until I get a bit extra pay and can buy another while he's taking the kids away all week with money he doesn't have cos mummy and daddy will bail him out.

Properjob · 05/08/2017 20:46

Hi all you are amazing women and mothers coping with all this....strength to you all Flowers regarding the finances Carrie you need a forensic accountant if you can possibly manage the cost sounds like if would be worth it hasn't your sol advised that....keep going, it is your money too. Wink

itsovernow1 · 08/08/2017 12:05

Hi all
Got the divorce papers this morning. I won't bore with the details, that's in my own thread!, needless to say though I am pissed right now, but more so as he got my DOB wrong. Yep, 23 yrs and he got it wrong. Only 1 day out but still.

My question is, I have to send the form back, what do I do? I haven't read it properly yet but any advice welcome!

Properjob · 08/08/2017 23:52

It's a long time ago today since we went on our first date. I had a little cry, but you know what, both those young people are gone, we are different now.
Another day got through ladies, another little step...Flowers