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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.

I’m worried he’s going to take all of my money

61 replies

Anon1202 · 29/07/2019 17:37

My husband and I have been married for 2.5 years and have 2 children (1 and 3 years old). When I was pregnant with DS2 I found a number of explicit messages and photos and despite him saying he wouldn’t do it again I have caught him messaging other women again. I tried to stick at it for the sake of the boys but in November last year I realised that I couldn’t carry on. In March of this year I asked for a divorce and he has refused. He wants us to try and so I’ve tried and tried but I just don’t love him and can’t try as hard as he wants me to. I feel heartbroken and so disrespected.

I am the main breadwinner and earn over £100K whereas he earns circa £40K. I own our marital home and pay all of the mortgage, bills, childcare, food etc and he contributes £485 a month to circa £3,500 of monthly outgoings that I pick up. I also have a loan in my name for his debts that he pays me back on a monthly basis. I have a healthy pension and savings for my children’s future. He has only contributed minimal amounts to a pension despite my pushing him to pay more.

I start a new job soon and will be relocating. My plan is to go with the children but without him and buy the next house on my own again. I am aware he could claim matrimonial home rights and I am scared he will not sign the sale contract but if he doesn’t then I cannot start my new job and therefore I won’t be able to pay the mortgage on our current home with no job (I’m already working my notice at my current job).

I understand that he can legally claim 50/50 but is there any leniency when it’s clear that I have paid for everything with minimal contribution? I have built up our family, assumed his debt, loaned him countless amounts of money and generally done everything I can to get him in financially better state. I haven’t done anything wrong here and have always prioritised my family.

I have offered to pay off his loan (the one in my name) which is circa £18K and also to not demand any child maintenance at all for the rest of the children’s lives. This amounts to circa £65K until they are 16 but I anticipate them both going to uni and so he would need to pay for another 4 years, circa £20K. This will give him £1,000 a month back in his paypacket to rent a place and will allow us a clean break but he wants to fight it in court. I am so scared that all of my money, savings, house, pension etc will need to be split 50/50 which seems so unfair just because I’ve been financially savvy and worked hard to get a good job and saved like an idiot!!

Has anyone had experience of this and can help to settle my mind?! I’m hoping to see a solicitor on Tuesday. Many thanks!

OP posts:
Sportsnight · 29/07/2019 17:42

It’s quite a short marriage, so the starting point may not be 50:50. See a solicitor, they will be able to advise on your specific circumstances much better than any of us.

Is your ex-h happy with you moving away? How will that affect access?

Quartz2208 · 29/07/2019 17:44

what has he offered?

NotSuchASmugMarriedNow1 · 29/07/2019 17:46

The shorter the marriage the more likely the judge is to give each person what they started with so don't delay on that front

I've got a feeling he'll refuse to sign the house sale documents without a court order so could you initially look at renting for a year with your new job?

NuttyOrNice · 29/07/2019 17:49

I’d pay and go and see a Solicetor. Is your new job far away?

fishonabicycle · 29/07/2019 17:56

Don't ask here! See a solicitor - get actual proper advice.

IamWaggingBrenda · 29/07/2019 18:09

Get some proper legal advice. Not every situation is the same, so getting advice from others who’ve left DHs won’t necessarily be accurate for you.

Anon1202 · 29/07/2019 18:25

He’s known about me moving since March and I’ve told him he’s not coming with me but I will do whatever it takes to see the kids. It’s only 1h10 away and I’m happy to drop the kids at a point half way and he can see them as often as he likes.

OP posts:
Anon1202 · 29/07/2019 18:28

He refuses to talk about it or accept the situation despite my telling him he needs to see a solicitor. So he won’t even talk about money but in anger he just says he’ll take me to court. When he’s calmer he indicates he’s not going to rinse me but I just don’t know. I have an appointment with a solicitor tomorrow.

OP posts:
Mintjulia · 29/07/2019 18:40

Go and see a solicitor. Do it as soon as possible. The longer you leave it, the greater his claim.
And provide all the details you have, bank statements, debt details, tax returns, everything. Prove that you have covered most of the costs of the marriage. Add up how much time he has spent caring for dcs, how many days he has taken off work.
Good luck.

Hotterthanahotthing · 29/07/2019 18:40

It's a short marriage,can you afford to rent near your new job,if you ensure your name is off all bills in the marital home but you will still have to pay the mortgage and insurance.
Don't pay the debt in your name yet.He should not be able to claim your pension but I'm not sure about how much of the house.
You could wait until the no fault comes in but to be honest I would go for unreasonable behaviour and ,if you are sure,then get the ball rolling asap asitsoundsas ifwill stall.
Your solicitor will better placed to tell about asset split.
All the best.

tribpot · 29/07/2019 18:47

Just as an aside, OP, this is bullshit: He wants us to try and so I’ve tried and tried but I just don’t love him and can’t try as hard as he wants me to.

Why are you trying to fix the relationship he broke? Anyway, no need to answer that but reflect on what you would and wouldn't put up with in future.

NotBeingRobbed · 29/07/2019 19:39

Get rid of him ASAP. It’s a short marriage but the longer you are together the more cash he can fleece you of. Also, cohabitation before marriage is taken into account. The law does not look at who pays in what. Very, very wrong but there is is. At least you have a good income. Do NOT let him off child support. That’s for your kids and they deserve it. He won’t have to pay towards uni costs - be warned!

swissmilk · 29/07/2019 19:49

As a high earner you can afford a good solicitor and to go to court for as long as he wants. If he won't discuss just forge ahead, you will regret it if you delay.

MammaBot211 · 30/07/2019 01:27

Let him pay Child Maintenance and save it for your DC future, its the very least he should be doing.

NuttyOrNice · 30/07/2019 08:09

It’s only 1h10 away and I’m happy to drop the kids at a point half way and he can see them as often as he likes

I think this may become more of an issue than the money. Would he be able to move too or would you be able to live any closer?

Might it make him more likely to try for custody. Having to travel a round trip of 2 hours 20 mins means it will be difficult for him to pop over to see the kids.
He sounds like a scumbag so I'm not sympathetic towards him but I'd worry about the kids relationship with him.

brusselsprout5 · 30/07/2019 08:25

Don't make any more offers of money to him. See a solicitor ASAP. I separated after 18 months (found out about 3 different women). Divorce took 4 years unfortunately but I took away what I put in, did have to pay debts accumulated during the marriage (money spent on women which I knew nothing about). We only split the money in our accounts, the equity in house etc. I earned more, had more pension, put a lot more money into house deposit etc and got all this back luckily. Good luck, don't let him take you for a mug!

NotBeingRobbed · 30/07/2019 12:39

@brusselsprout5 was extremely lucky. The shorter the marriage the better. Don’t mess around giving him a second chance. I have been fleeced by a man like this.

Palaver1 · 30/07/2019 12:42

Don’t delay get to a lawyer ASAP

JoxerGoesToStuttgart · 30/07/2019 12:50

It’s only 1h10 away and I’m happy to drop the kids at a point half way and he can see them as often as he likes.

You should be dropping them the full way and collecting them again. You’re moving. You earn far more than him. You’re taking his children away. You do the driving.

Bluntness100 · 30/07/2019 12:58

The marriage is only two years old. He won't be entitled to fifty fifty or anywhere close. See a lawyer.

wibbletooth · 30/07/2019 13:12

From other recommendations on Mnet - get a divorce lawyer that will go for the jugular, to ensure that you get your side taken seriously. Might not be the person that is nicest to get along with in person though...
Make sure you visit several different solicitors so that they can’t act for your dh due to conflict of interest.

Don’t be nice and ask for 50:50 - he has already proved that he is not nice and will not play nice. If you have the kids with you you need more to cover them too - and make sure he doesn’t try to ask for 50:50 care to reduce his need to pay maintenance or worder ask for custody himself.

Good luck. Sure there are more wise mnet words of advice but my phone is about to die!

LemonTT · 30/07/2019 13:21

I think the move is more of a potential issue if he gets acrimonious. It’s not helpful for the children and their relationship with their father. I have personally been effected by this and to be honest I think it is the wrong thing to do. Most people I know in this situation sacrifice jobs and relocation opportunities because we made a commitment as parents to put their interests first. No matter what our problems are.

The length of the marriage may be short but if you lived together before the marriage it is relevant. With a child aged 3 I assume this could be the case.

MaybeDoctor · 30/07/2019 13:35

From the viewpoint of a low earner married to a far higher earner, I think you might be being a bit unrealistic and somewhat unfair.

Surely there will need to be a split of equity? Perhaps not an equal split, but a split all the same. Perhaps I misread your plans.

Yes, you have built up savings and pension etc, which sounds very sensible and virtuous. But you had more money to do so.

How would you feel if you were married to someone earning 300k and they felt that they had contributed everything and you very little?

lifebegins50 · 30/07/2019 13:36

How long have you been together and did he contribute to the house deposit?

The move could be more of an issue as others have pointed out. He could legally stop you as it is likely to impact his ability to see the children regularly. Has he actually agreed? Courts take a dim view of a parent who fails to adequately consult the other parent. Should you move without his explicit permission and he takes this to court the children could be ordered to live with him.
I am assuming you work longer hours but he has agreed to you being the main carer?

The divorce finances will be based on both of your housing needs for the children. The pension pre marriage can be safeguarded, same with house deposit. Will be realistically be able to afford a property?

Just because he is a lower earner doesn't mean he isn't entitled to a reasonable standard of living with the DC. Some jobs just don't pay as well. It is often women in this situation.

It hurts to lose money and divorce makes both people less well off but you can earn it again as you have years to rebuild. An amicable relationship with him is worth more so seek a reasonable compromise, you will give up more than you want but equally he is likely to walk away with less.

ADarkandStormyKnight · 30/07/2019 13:47

I also have a loan in my name for his debts that he pays me back on a monthly basis How did that come about? Why are you paying that off for him?

It sounds as if you want to achieve an amicable split and your offer is exceptionally generous, depite the fact that he's clearly in the wrong with regards to his treatment of you (messaging other women etc).

I have to ask - is there anything else going on that makes you feel anxious or scared of him or what he might do?

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