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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.

Husband wants divorce. Advice?

9 replies

Anxiousninny · 08/03/2019 17:44

My husnand left unexpectedly 3 months ago and immediately started a new relationship (denies cheating but very convenient to happen so quickly). Anyway last week he said he wanted a divorce. I'm completely bewildered by the split still never mind why he needs a divorce so soon. I've told him I have no reason to want a quick divorce and I certainly will not pay for one as I cannot afford it. He seems to think no solicitors will be required if I don't contest but I want to make sure the kids and I can stay in the house with him continuing to pay his half of mortgage so I don't want to just divorce with nothing in place for us. I really don't know what to do and I can't afford thousands in solicitors fees. Just wondered if anyone else had been in the same position and what I can do? Tia

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millymollymoomoo · 08/03/2019 18:00

I’ve not been in the same position and I’m sorry you’re in this position. You should seek legal advise as it may not be possible fir you to stay in the house, certainly not with him paying half the mortgage. A solicitor will be able to advise you on what might be a possible outcome

Singlenotsingle · 08/03/2019 18:04

He can't get a divorce just because he wants one! He has to have grounds, ie something you've done to make him want a divorce - adultery by you or your unreasonable behaviour. It looks as though he's been having an affair, so while that might give you grounds to divorce him, you don't have to. He'll have to go and get proper legal advice then he'll find out it's not that straightforward.

millymollymoomoo · 08/03/2019 18:43

But if he files fir divorce on the grounds of your Unreasonable behaviour you’ll have to contest it and come up with reasons why you think it shouldn’t be granted. Seems a Waste of money to me. Better to accept it, take control, seek legal advice and a Fair settlement and then move on with your life.

Purplecatshopaholic · 09/03/2019 22:14

He can get a divorce very easily after 12 months legal separation (his lawyer will send you a letter with a date at which the separation ‘started’ whether you like it or not, (or that’s what happened with me at least) with or without your consent. Lawyer Up - seriously.

MissedTheBoatAgain · 11/03/2019 01:26

Most Divorces are based on the grounds of unreasonable behaviour. Reasons can be almost anything and to an outsider may seem trivial. Courts seldom reject Divorce applications on the basis that if one wants out what is the point of forcing them to remain in the marriage?

Accept that it is over and try to settle amicably as if Courts become involved costs can be high.

That you think he is guilty of cheating is immaterial. Settlements are based on NEEDS as opposed to anger and revenge.

LemonTT · 11/03/2019 11:17

Sorry to hear about the undoubted pain all this is causing for you and the children. It’s an awful thing to happen and you will be in emotional turmoil. This will not be helped by his inconsiderate rush to action.

Unfortunately it is what it is and best advice is to try to act as objectively and calculating as you can in your own interest and that of your children. To do this you should park or mask the hurt and anger. If you have a friend or relative who is very rational and can support you in this ask for their help. Other friends, the emoters can help with the pain and anger.

Imo your best interest is not to thwart his wants and needs. They are only of interest in so much as they tell you what he wants and that is useful to you.

Your best interest is to secure a safe and stable future for your children and you. This means you, as a parent, and the children need to be financially secure and happy. This means you need to agree certain things with your ex, a decent financial settlement, parental access and a divorce.

Right now, I would put in place means to communicate with each other. So email about agreeing the separation, general divorce and access issues. Text and calls in emergencies only and in relation to the children. That gives you headspace from him and his behaviour.

My advice on how to respond to his request for a divorce is not to say no. Instead say your acknowledge that this is what he wants and will cooperate provided it is carried out in a way that does not cause any further disruption or distress for the children.

Agree that you too want to avoid unnecessary legal costs and that if he agrees to the following you will attend mediation

  • to continue to pay living costs for the family to stay in the family home; (work this out in a fair and affordable way, minimum is CMS but I would also ask for half the mortgage).
  • communication as outlined above
  • practical access to see the children, suggest that new partners are excluded for now as it would make things difficult for the children.
  • that he pays for the cost of the divorce
  • that he pays for you to see a solicitor before and after mediation to get independent advice about the process and agreement.
  • he pays for mediation.

Nb he might no agree to all of this. Know your red lines and be willing to compromise to some extent. Don’t immediately react to his response. Wait, digest, talk it over then reply when you are calm not angry.

The fact that he wants a quick divorce is distasteful but use that to get the best deal for you. Make it subtly clear that doing it quick means he has to compromise and offer up the maximum your are entitled to.

But remember he has levers too and could withdraw financial support (not CMS) and decent emotional support to the children. He could get nasty and shitty which will make you and the children insecure and unhappy. Not condoning this just pointing it out

I hope this helps.

lifebegins50 · 11/03/2019 20:36

Excellent advice from Lemon.

You and him are at different stages, imagine its a roller coaster and he is ahead, but you will each have different highs and lows. Suspect he is on the high from a new relationship. You are reeling from the shock.

Ultimately he could file for divorce using your behaviour as grounds, as mentioned above it is rarely contested but it will be hurtful to you. Hd could apply for the decree nisi bit would he unlikely to get the absolute until the finances are resolved.

How much do you know about the finances. Do you work?

izekiah · 11/03/2019 20:49

Tbf what’s the point in preventing a divorce when he no longer wants to me married to you ?

Best thing would be to start communicating about how to get a divorce.

It’s highly unlikely he will have to / want to continue paying for a mortgage on a property he is no longer living in !

Anxiousninny · 11/03/2019 22:45

Thanks for all the advice I will take it all on board. It is all such a shock it's just a but hard to digest. I think I will seek some advice to make sure i get the best security i can for the kids and i and take it from there. X

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