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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.

Parents Separating after 50 years of marriage, Financial Abuse

10 replies

Jedidad140 · 27/10/2020 21:16

All help and advice greatly received.Apologies if this is not the sort of topic for this forum. My motive it simply trying to support my Mum, in a really difficult time.
My father has left my mother after 50 year of marriage, he was having an affair for 4 years and is now living with his new partner. Unknown to my Mum and the rest of the family, he had run up £50k worth of credit card debt. As well as forcing a house move, taking out a large equity release on the new property and using my mothers inheritance to pay off bills. Since leaving he had been on numerous foreign holidays and purchased new cars and motorbikes.
He now wants the house sold, so he can take his share. However due to the equity release, the amount left for my mother, will not be enough to purchase a new house.
Reading the requirements for financial abuse, I think his actions and behaviour fit the requirements.
However I'm really struggling to find a Legal Aid Lawyer in England, that will even consider the case.
So at the moment we are in a situation where, my father had every thing he wants and my mother had no funds to hire a lawyer or fight for her rights.
I'm struggling to work out a way forward.

OP posts:
MalteserGeezee · 27/10/2020 21:19

I sadly have no advice, but didn't want to read and run. Your poor mum. Hope you can resolve x

MalteserGeezee · 27/10/2020 21:21

I sadly have no advice, but didn't want to read and run. Your poor mum. Hope you can resolve

MalteserGeezee · 27/10/2020 21:21

I sadly have no advice, but didn't want to read and run. Your poor mum. Hope you can resolve

PixelatedLunchbox · 27/10/2020 21:30

Citizens advice should be able to direct you to help. Your poor mum. And I bet you aren't feeling too great at the moment either with this mess. Your mum is lucky to have you for support. Hope you get justice for her.

IndieTara · 27/10/2020 21:40

If your dad used family money to pay for everything without your mum's knowledge and therefore without her consent is there any legal comeback for that. Theft ?
Also I know it's an oft touted thing on here but some solucitors actually do offer a free consultation. Maybe your mum can get some idea of her position that way?
Also is your dad's debt just in his name?

blackcurrantjam · 27/10/2020 22:35

Hmm sounds like he has had his share of the marital resources?!
Free half hour with solicitor
Start divorce for unreasonable behaviour -550 quid?
Apply to courts for financial declaration - form e and form a - £225 I think - does cost hundreds - credit card last resort?
Mackenzie friend for court but you can turn up yourself - dont necessarily need a lawyer
Notify all mortgage companies that divorce not amicable
The judge will maybe just need to sort this one out
She can do this. Flowers

blackcurrantjam · 27/10/2020 22:37

Can she move any money into her own account that he cannot access? She will have to declare it on form e but given what's gone on, i think it's needed here?!

MooseBeTimeForSummer · 27/10/2020 22:45

You need the bank statements to see how the equity release was spent. The inheritance spending might be a moot point if it was used for joint household stuff.
There’s an argument to say that anything he pissed up the wall from joint funds should be deducted from his settlement and given back to your mum.

Newfornow · 29/10/2020 09:06

Register an interest in the house so he can’t sell it. Can’t think of proper name for it
I think unfortunately the onus is on her to prove he did all the paperwork without her knowledge.

PicsInRed · 29/10/2020 15:19

She'll need a solicitor and I think you'll be running an argument of bad conduct and dissipation of assets, but it will depend on how much, whether it's provable, whether she willingly signed documents and whether there is sufficient equity left in the house (and his pension?) to redress the balance in the proportion split of assets.

She will need a really good solicitor and barrister.

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