Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Divorce/separation

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

Feeling stuck and out of control of my life

2 replies

Googleboxfan · 02/07/2021 15:33

I'll try and keep this short. Wife wants to separate, I don't but I have accepted this (I am also female).
We have a dd6 and I work part time as I am homemaker.
Stbxw has taken money out of our savings and when i asked her about it she said its so I don't spend money on solicitors.
She is 'resigned' me as Director or our Community Interest Company. I confronted her about this and she said she set it up and worked her fingers to bone setting up the properties. I also helped as well as looked after the homely aspects of our lives. She doesn't accept that saying the business is hers only.
I noticed today she has organised for her salary to be paid into her own private account. Both our salaries used to go into a joint account where our bills are deducted.
She said her money is hers and mine is mine.

As I work 3 days a week my salary won't be anywhere near enough to keep a roof over my head. I am currently looking for work but nothing available just yet.
Stbxw says she needs to save up 25k to buy a property as she isn't going to live in a chappy place while I will probably end up with the house.
As I am the homemaker and work part time I want to have dd6 most of the time but stbxw says she wants 50/50 custody.

Child Benefit is in my name, if I am to survive, in the short term I would have to claim Universal Credit, until I find full time work. I am worried stbxw will try to claim the CB in which case I won't be able to claim UC.

I just feel like I am at a loss as to what to do. I have had solicitors advice (free 20 mins) and they said for me not to leave the marital home and stbxw is being very awkward. I can't afford solicitors fees on my salary.

Stbxw won't talk about the situation. She is currently still at home while she saves for a deposit. Everytime I try to talk about the situation she just flies off the handle and blames all this on me.

I tell her I don't want to split etc.

I am just really stuck at the moment, low wage, don't want to move out as don't want to unsettle our dd6...

I am at a complete loss as to what to do

Please be kind with your comments as I am feeling very vulnerable

OP posts:
FutureExH · 02/07/2021 15:58

I'm not a solicitor, but.... first of all, she cannot resign you as Director of a CIC. CICs are normally limited companies and there needs to a procedure followed if you haven't resigned. Normally a shareholder's resolution. Check Companies House online to see how (if) you have been removed as a Director.

Second, are you both shareholders in the CIC? If so, she might be prejudicing your rights (section 994 of the Companies Act 2006). Ebrahimi v Westbourne Galleries Ltd is also relevant here. You have the right to be bought out if you are the minority shareholder.

I can't help you with divorce law but I'd start showing her you're not going to be pushed around.

AmberIsACertainty · 02/07/2021 16:13

OP I'm sorry but you need legal advice, you have to afford it somehow if you don't want to get shafted in the divorce. Start keeping records in a diary of her behaviour. It might affect the divorce settlement.

Having her salary paid into her own account is a reasonable action in itself. If she stops paying bills and runs up debts, or starts hiding money in a secret savings account which she doesn't declare in the divorce, that's different. Any savings she has at point of divorce are a marital asset, she can't start saving now and claim its all hers.

Trying to prevent you getting legal advice by removing money from joint account is financial abuse. At least half of what was in that account is yours.

The situation with director I know nothing about but it doesn't sound legal. You really need a specialist business law solicitor to deal with this as well as the divorce solicitor to deal with that. Perhaps contact citizens advice bureau to find out your rights and how you can solve the problems of affording a solicitor on part time wages. You can't be the first person in this position.

You don't get to decide if you split or not, ending a relationship only takes for one person to want to end the relationship, it doesn't require the other person's permission. Sorry to be blunt about that, hopefully someone who is more "tea and sympathy" will be along soon!

New posts on this thread. Refresh page