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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.

Stay at home mum getting divorced, need advice

474 replies

LittleMissMaghribi · 29/05/2019 11:12

Hi everyone, I am possibly looking at the option of divorcing my husband and first need some advice.

I am a Moroccan national with Moroccan citizenship. I married my husband at the end of 2015 and we had 2 sons whilst I lived in Morocco.

My husband applied for a settlement visa for me which was granted this month and I am now in the UK.

I went to my cousins house rather than go to my husband, and I don't have any income, benefits, or job.

My husband has a job that brings in around £35,000 a year before tax.

He doesn't own a home and has about £15,000 in assets (mainly savings with about £4000 in stocks and shares) and about £10,000 of liabilities (mainly credit card debts), so a networth of about £5,000.

If I divorce him, will he be legally required to pay any of his salary to me during the divorce proceedings, so I can pay my own rent and expenses? And how about after divorce?

He also has a pension of about £20,000 if that makes a difference but is nowhere near retirement age (we are both early thirties).

After divorce, would he be required to share his salary with me and roughly how much do you think he would have to share?

My visa conditions state that I cannot claim benefits, so would not be entitled to government support, and I am not sure about if I would be able to find work. I have a degree in sociology but don't have a lot of work experience.

Since my sons have British nationality, I am looking at changing my visa to a parent visa, since I don't think I can stay on a settlement visa if we divorce. Would I be entitled to benefits?

Does anyone have experience of being the stay at home mum without an income during divorce and were you entitled to some of your husbands salary in the divorce proceedings (before and after), and was it enough to live on without additional income from benefits or work?

Please let me know your experiences in how the finances might work out in such a situation. I am a bit stressed. We are not really getting on at the moment and I need a plan B for how I can live if we can't live together going forwards.

Also, we are not currently living together. I am staying with a relative. Am I better off living with him and does that increase my rights during a divorce if we share a house? in the case of a divorce, if we are renting a property, does it matter who's name is on the rental documents, and would he be the one required to leave or me if he pays the rent, and would he still need to pay the rent for me and our sons even if he moved out?

Please let me know what my rights and responsibilities are.

Thank you for your help.

OP posts:
Elbels · 18/10/2019 13:30

I genuinely don't understand why you're not looking for work if you have the legal right to work here?

Minorityreports · 18/10/2019 13:33

@Chattybum be careful what you post. We can easily be accused of racism. Just watch your ass.
It's a good plan though and you have to give 100% credit for originality.

Minorityreports · 18/10/2019 13:34

@Elbels she has never worked in her life. She is essentially unemployable.

Minorityreports · 18/10/2019 13:35

doesn't want to work Depending on how you read it........

Minorityreports · 18/10/2019 13:37

OP, could you tell us more about the assault on you? And the charges? I'm very sorry if he attacked you.

Minorityreports · 18/10/2019 13:39

Most of all OP I just want to ask, WHY, WHY WHY TAF did you want to move to the UK? You came from a lovely family in Morocco - why not marry someone there? Why risk everything to move to relative poverty in the UK?

Minorityreports · 18/10/2019 13:41

BTW I can understand needing to escape. I did that. But I love London. But I can work, I can survive, I can live. My life is not hanging in the balance of some man.

Minorityreports · 18/10/2019 13:45

London is one of the greatest cities in the world. But it will eat you up and spit you out. You need your wits about you to survive here. You seem to have your wits about you, but you're not approaching things in what I would call an ethical way. You're getting in the back door and that's it.
I wonder whether the middle class family in Morocco is a thing of fantasy?

Minorityreports · 18/10/2019 13:46

I dunno. This thread doesn't add up for me.
And I've read all the OP's posts, not all the replies.

CmdrCressidaDuck · 18/10/2019 14:19

Well this thread keeps handing out the goods.

I will say only this: the chances of all this working out like you so confidently expect is miniscule.

PennyRoyal · 18/10/2019 14:37

You certainly need a Plan B (and C, D, E and so forth) because Plan A is not going to happen.

Inniu · 18/10/2019 14:39

OP what are you doing for food and utility bills while you are waiting for your husband to get cautioned for assault and then to get emergency benefits? Are your family supporting you?

Do you ever leave your flat? Your husband as the leaseholder could come in and change the locks and give the keys to the landlord, naming over an empty flat to terminate the lease.

Letseatgrandma · 18/10/2019 14:49

So, you had absolutely no hope of staying in the country in the summer, but now you’ve accused him of hitting you, the path ahead is rosy and you get benefits, a house, bills paid and loads of maintenance-is that right?

Minorityreports · 18/10/2019 15:23

@Letseatgrandma That be about right.

Minorityreports · 18/10/2019 15:25

He's a good man to pay for your accommodation with your children.

Ratcatcher9 · 18/10/2019 18:28

Personally I'd not be able to take something, even if I was legally entitled to it, if I was not morally entitled. I'd not be able to lie on my sofa all day sleeping and feeling good about myself at all.

OhamIreally · 18/10/2019 22:11

You're a resourceful woman I'll give you that.

Your English is so very very good and the syntax so like that of a native speaker I can hardly believe you were raised in another language.

I'm sure you'll be able to find a job when the time comes.

fallfallfall · 18/10/2019 22:29

i'm hoping for updates (eventually) regarding the ILR application.
my dd is in the midst of applying and its been very very difficult, i wonder if the OP will be scrutinized as carefully.

glitterfarts · 19/10/2019 11:24

I hope your house of cards falls down. You sound manipulative, greedy, entitled, lazy and immoral.

You've come to the UK on a fraudulent visa, for a fake marriage that never was a marriage.
You discovered you had no rights, no way to remain unless he hit you. So now magically that has happened.

You're an idiot.

I hope your husband gives notice on the flat, the landlord can claim possession immediately whether you're in it or not, you're effectively a squatter. You have no rights.
You don't have IDL yet.

If he declares your marriage was fraudulent, your visa can be rescinded before you get IDL and you can be deported. As you deserve.

You give other migrants (myself included) a bad name.

Shame on you.

Pinkflipflop85 · 19/10/2019 11:43

Well said @glitterfarts

helpmum2003 · 19/10/2019 17:50

I really don't think this is true. And if it is the OP is giving immigrants a bad name....

redbushtea · 19/10/2019 20:12

I too am wondering if this is true. For one thing the OP's written English is of a very high standard - better than most native English speakers actually!

LazyFace · 20/10/2019 21:00

Wow.... You seem very well informed about your entitlements, are good with google and managed to squeeze in an allegation of DV.
I never hear about how the children are coping, are they missing family etc.
Just I, I, I....

LittleMissMaghribi · 21/10/2019 16:52

Regarding my English skills, believe it or not, immigrants can write in English also.

I have studied a lot of English literature, grammar etc. I have a lot of online discussions related to sociology etc in English. I also have language exchanges with people who have strong command of the English language, both written and spoken. I have also tried to improve my spoken accent.

I don't know where this idea exists that no person born in Moroccan can write unbroken English. Read the biography of Arnold Schwarzenegger, he speaks with a strong accent from his Hungarian but his writing style is excellent.

Anyway, back to the issue at hand. The police issue was no further investigation due to insufficient evidence. So I am not sure where that leaves me now. I can apply for a parental visa due to my British children, I can do nothing and hope my Husband doesn't get me deported by cancelling my spousal visa, or go down the domestic violence root still and provide evidence of the abusive marriage. So unsure of where to go next with this.

OP posts:
fedup21 · 21/10/2019 17:01

So there was insufficient evidence that he hit you?

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