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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.

English Law / Inheritance

11 replies

Gee08 · 30/04/2023 08:06

Where to begin! My ex husband left me on the 18th January 2020, I had no job and no money. I begged him not to go. He didn’t listen and he left. I started divorce proceedings in the hope it would shock him enough to return and save our marriage. He didn’t return and he didn’t contest the application for the divorce. Thedecree Absolute was granted in February 2021.

He returned to the UK at the end of December 2021, 3 weeks before his Indefinite Leave to Remain was due to expire. He called me to ask if we could try again, he promised to come and see me to speak face to face. He didn’t come and see me, he just called to tell me he wanted £75,000. A third of my inheritance. I later discovered he had remarried and has a child with his new wife.

To try and cut a long story short, he has filed court proceedings, he wants a lump sum, half the house and my pensions.

I am now fighting for my home, the house I inherited from my Mum & Dad.

I believe I’m a victim of immigration marriage fraud.

To date I’ve spent nearly £25,000 on solicitors fees and I have been advised by my solicitors the projected fees will be in the region of £37,000 to reach the court hearing in August.

I genuinely don’t know what to do.

I am so ashamed, I was foolish to trust this man. He is a calculated crook and a liar. How stupid was I to believe he loved me.

It would be so much easier for everyone if I finished my life, but I can’t give up. I have to fight! How I find the money to continue God only knows.

This is just a very small piece of the story.

My message to anyone who reads this post, please be aware of the TOLATA law (Trust of Land and Trustees Act 1996).

If you love someone, you believe they love you, please trust no one! Trust yourself, trust your head not your heart, listen to your gut instincts, believe me they are not wrong.

It doesn’t matter how much you love someone, draw up a pre-nuptial agreement. Protect what is yours because the law won’t protect you.

Thank you for reading.

Georgie

OP posts:
endofthelinefinally · 30/04/2023 08:10

You should post this in the Legal section OP.
I have no experience but it seems an awful situation.
I can't understand how he has any claim on you if the divorce is done and he has remarried.

endofthelinefinally · 01/05/2023 07:11

All you need to do is repost your OP on the Legal Matters board. You will get support and advice from legally qualified posters there.
Alternatively, report your op and ask MN to move it there for you.

Needapadlockonmyfridge · 01/05/2023 07:21

I am sorry - awful situation.
How long were you married, OP?
Did you receive the inheritance before or after the divorce?

Gee08 · 01/05/2023 08:50

Sorry I'm new to this and still find my way round the website. Not sure I know where the Legal matters board is, but I will find it. Thank you

We were married 13 years and the inheritance was after we were married.

OP posts:
millymollymoomoo · 01/05/2023 09:07

sorry but that’s a long marriage
Your house is a marital asset
your inheritance may well be considered such if it was during the marriage, more so if just intermingled with marital finances. Less so if after separation and divorce

he absolute is entitled to a fair share of marital assets, as would any woman co
ing on this site after a 13 year marriage

whether that’s 50:50 or £75k or whatever, no one here can tell but he is due a settlement so the best thing you do is try to negotiate with him

Needanewnamebeingwatched · 01/05/2023 09:13

Don't forget as you didn't have a financial consent order in place, he is entitled to some of your assets, but you could be entitled to some of his.

Does he have a house in his name with his new wife?

Iminthemoneylife · 01/05/2023 09:16

13 years is a long time for a sham marriage.

Xrays · 01/05/2023 09:21

Iminthemoneylife · 01/05/2023 09:16

13 years is a long time for a sham marriage.

This. Sadly if you’ve been together this long it’s going to be assumed it wasn’t a sham and he will be entitled to everything 50/50 as a starting point.

tweener · 01/05/2023 09:24

I thought if you remarried without a financial order from the first marriage that you are now barred from doing so?

millymollymoomoo · 01/05/2023 09:25

As he’s remarried he can’t claim spousal I believe
yiu definitely need legal advice

millymollymoomoo · 01/05/2023 10:20

Seems you have your answer on legal
hes foolishly remarried ahead of financial order so he can only claim pension sharing
thetefore his claims will be dismissed. More fool him. Lucky uiu

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