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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.

Am I giving in to fear?

12 replies

Wiseorgivingintofear · 07/11/2022 19:21

I am a longtime MNer been here way before my marriage fell apart. I have namechanged because not sure my previous username is anonymous.
This may be long. My apologies.

Married for 11years. Four kids. Abusive marriage.
DH bought his flat 5 months before we married. The marriage started falling apart from the very next day after the wedding.

5 years into marriage he sold the flat without my consent. I didn't actually know when the house actually sold. Years later I found the document where my signature was forged on the sale documents.
After the sale of the flat, we moved into rented property. He then told me, he was leaving his very well paid regular employment to become self employed. This would involve lots of travelling and being away for days and sometimes weeks.
I used my Annual Leave and swapping of shifts to cover childcare. That wasn't enough, so I ended up taking a break from my career and doing locum shifts. This way I could work when I had childcare. I supported myself and DC.
He was putting away 10-20k every every month in savings. He does not know I know about these accounts. We (he) also bought some Gold. I don't know how much.

After 3 years, I resumed my career because he was not supportive and I was literally unable to make financial ends meet. The marriage limped along for a further 2 plus years and ended the day he became physical.

After separation, he continuously threatened to kidnap them. He threatened I would never see them. I had DC 100% of the time and he would not support them. After going through CMS for 11 months he eventually owned up to his 'true' earnings and started paying child maintenance.

He worked and bought the flat in another name (a relative's name). He changed to his real name officially 2 years into our marriage.

The only assets that I know of we have to share is a house he bought in another country, the savings and the gold.

He has vowed I would not get a dime.
A year ago, he bought a lovely big 5 bedroom house. This hurt.
Especially, as DC and I had to relocate to a more affordable less desirable area to afford rent.

Currently (5 years plus from separation),

  • he has DC every other weekend and half of holidays when he is in the country. Not court ordered. He still threatens kidnapping DC from time to time.
  • He pays child maintenance. Not what he should but he pays it every month unfailingly.
  • We have got our decree nisi.

He has refused to provide his Form E.

My solicitors feel the only way to go is via court. They have adviced I would need 20-25k, maybe 30k. Free sessions with other solicitors indicate similar opinions.

Even though I have a good job, I can't afford court. DC and I are just about getting by. I am too anxious about getting a loan as I have credit card debts I am trying very hard to pay off. I am also uncertain going to court would be successful. He is self employed and ABSOLUTELY very determined that I do not get a dime.

I can't represent myself

  • as I would still need 5-15k depending on how much help I ask from solicitors.
  • I am also still very scared of him. I can't explain why I am.
  • Mentally, I don't think I can cope with how hard he is going to fight this. He is not above lying, being petty, going below the belt.
  • My job is very demanding. Between my job, DC and my mental health, it will be too much.

Almost 6 years later, he is furious that I called the police for help the day he hit me. He is furious that I did not beg him to take me back after he walked out because I called the police.

I am thinking about leaving everything, not pursuing a financial settlement and just going for a clean break. I need to start building my future.

I feel like this is the wise thing to do. But am I giving in to my fear of him? Is there some way of handling this that I am overlooking?

Thank you if you got to the end of this.

I go into a crazy shift pattern this week at work (really long unsocial hours), please excuse me if I don't respond to posts in a timely manner. But I will come back regularly to check for responses. I can't seem to think clearly about this. I appreciate any help. Advice. Or confirmation that I am being wise and not being stupid.

OP posts:
Toomanysleepycats · 08/11/2022 10:18

This sounds so awful. I’m divorcing and I am nearly paralysed by fear/intimation/I don’t know what to call it.

Hopefully someone else will come along. Sending hugs.

HangerLaneGyratorySystem · 09/11/2022 23:54

My solicitor told me the court will not grant the final order unless they see a fair financial settlement. Trouble is, if solicitors (some of them) see there might be money involved they'll advise you need everything with bells and whistles. Have. you tried something like Rights of Women to get an overview? Its not going to be simple is it, if he's threatening to take the children out of the country (I assume that's what he means by kidnapping threats). Obvs he's using all this to continue control and abuse.

I have read that the court can issue criminal proceedings where a spouse refuses to complete form E but to be honest how is that going to work if he's in and out of the country, and he could just lie on it anyway. Try this, see what they say - it might be be good news but at least it won't cost you to ask:

rightsofwomen.org.uk/get-advice/family-law/

Wiseorgivingintofear · 10/11/2022 18:03

@Toomanysleepycats i was paralysed with fear too when he first left. Took me a while to start divorce proceedings. I am still paralysed with fear and mentally unable to be objective (I think).
It's taken me a long time to stop shaking when he turns up at the door to pick DC for his weekend. A lot of counselling helped.
Gradually, you will be able to take small steps. Sending hugs.

OP posts:
Wiseorgivingintofear · 10/11/2022 18:05

@HangerLaneGyratorySystem this is great help. Thank you. I hadn't heard of them. I will give them a call once I am through this crazy shifts phase of my rota. I really appreciate this.

OP posts:
Arcadia · 10/11/2022 21:37

Hi I'm a family lawyer. How about dealing with the paperwork side of the financial proceedings yourself, then engage a Direct Access barrister for the Court hearings? That would bring the costs right down but you would be properly represented at the hearings and wouldn't have to deal with him directly.

Arcadia · 10/11/2022 21:49

By the way, you probably know this but the big house he has bought himself is still a matrimonial asset. The court can force the sale if necessary.

Wiseorgivingintofear · 11/11/2022 09:29

Hi @Arcadia .
I did think that! I thought the house would be a marital asset but a solicitor (30mins free consultantatiin) I spoke with said he can ring-fence it and it would not be considered in the financial settlement. Is that true?
Please, could you explain more about the paperwork aspect..what does that entail? What is a direct access barrister..? How are they different from having solicitors?

OP posts:
RandomMess · 11/11/2022 09:50

It may be worth you getting a forensic accountant to track back through what assets he had when you separated - savings, gold, other house etc. with that sort of trail you can evidence that his current home is linked to marital assets.

Well done on leaving an abusive man Flowers

Arcadia · 11/11/2022 11:57

Wiseorgivingintofear · 11/11/2022 09:29

Hi @Arcadia .
I did think that! I thought the house would be a marital asset but a solicitor (30mins free consultantatiin) I spoke with said he can ring-fence it and it would not be considered in the financial settlement. Is that true?
Please, could you explain more about the paperwork aspect..what does that entail? What is a direct access barrister..? How are they different from having solicitors?

Assets can only be ring-fenced where they are not required to meet the needs of the parties and the children, including housing needs.
The paperwork is preparing your Form E, then writing a questionnaire for him, a chronology and a case summary. The barrister would attend at the court hearings, and may be prepared to help with some of the paperwork.

RedHelenB · 13/11/2022 18:56

I would leave it. It's not often I say that , but I doubt you'd see a return on the financial side after paying £25000 odd in lawyers if he lived abroad and his asserts are there. Plus the wasted mental energy. It's not right, it's not fair but too often the bad guys do get their own way..

Wiseorgivingintofear · 13/11/2022 22:26

@RedHelenB , thank you for your post.
I am sorry, seems I was not clear.

He lives here. Self employed. He travels a lot abroad for work. He gets paid here in the UK and pays his taxes here. He owns one property abroad that I know of. The flat we owned here he sold.

You are right about the mental energy. It's a lot. The unfairness of it all! Why should it be so hard to get one's share?

OP posts:
Wiseorgivingintofear · 13/11/2022 22:29

Thank you @RandomMess .
Nice to be able to breathe and live without fear in my own place.

But it is crazy. I am still very scared of him. I don't let it show and I believe people would be surprised if they knew how scared of him I am.
I really want to be bold and fearless. I am trying to. It is taking a long time.

OP posts:
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