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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.

Abusive husband filed for financial order against me

29 replies

B33new · 22/12/2023 20:41

I need advice. I’m in complete bits, but it’s a long story so please read!
married my husband in 2019. He was coercive and abusive during our marriage. In February 2021 we sold our marital home and went to separate homes. I had to take out a help to buy loanas he had so many debts he couldn’t release the deposit I had put in (£100k from my own funds).
In feb 2022 he arrived at my house and beat me. Throwing me against a wall by my throat. Long story short is he was convicted of assault by battery and harassment in October 2023. He lost his job and is in financial hardship. He was a high earner £158k while I was with him) but in debt. I paid the £100k deposit and £10k stamp duty on our first house together. I also paid off around £30k of his debt he accrued during our marriage. We have no children together. I was part time while we were together and he paid the mortgage and I paid the bills. The money I had was from my previous marriage and was not accrued during our short marriage.
When I left I only had £15k from the sale of our house. He took the other £85k into the house he bought. I had to pay a solicitor £2k to get that money back from him. And I got it in September 2022. £85k which will cover my help to buy and a debt to my mother who leant me the deposit I needed to buy my home.
Tonight I came home to a letter saying he had started ‘sole divorce’ proceedings. In that letter it tells me he is applying for financial order against me. He has debts, no house, no savings and no pension. The opposite to me. I have savings consisting of the £85k he repaid as I am preparing to pay back my help to buy. I also have a pension and a small amount of savings.
My question is, will he get money from me? I am petrified. I have two children (not his) work two jobs to have a life for us and I want nothing from him. He took so much from me during our marriage that I do not want him to take anymore. Despite being a high earner, he was always in debt and had secret credit cards which he took out after I paid off his other ones. I was earning £24k when we were together but had savings from my previous marriage. He took all of them bar £5k which I used to move house.
can someone advise me. I have a deadline of 3rd jan to respond to the divorce and I don’t know what he is applying for in the financial order. I want a clean break consent as I want nothing from him. He has nothing to lose and I have everything to lose. I’m petrified.

OP posts:
Ariela · 24/12/2023 13:42

You could repay your mum the £30k plus interest (on the understanding she'll lend it back to pay off the help to buy loan), meaning you'll have less in savings.

I suggest as someone else said to get in touch with Women's Aid later this week as they'll have legal cover in place over Christmas and, as this is an abusive domestic violent marriage, and you may even be entitled to Legal Aid - they'll be able to advise.

peanutbutterkid · 24/12/2023 13:57

One part I know is that the assault is handled separately from the financials. The bullying & assault justify your divorce, but it has nothing to do with how much money he gets or not. Don't think the assault has anything to do with what is a 'fair' split in eyes of court. otoh, the assets your each brought & put into the marriage will count for a huge amount of what is considered fair split.

His solicitor can put any crap stbxH wants in a letter, that doesn't make the solicitors' request legally binding.

I find your story confusing, but the parts I get are

  1. short marriage
  2. Most of your financial separation happened in Feb 2021 (almost 3 years ago)
  3. His fin. hardship happened after your main financial separation

You're going to end up paying more to lawyers than to him to finalise this divorce, is my prediction.

Would OP be best to go straight to courts or could any form of mediation be appropriate?

DidiAskYouThough · 24/12/2023 14:07

Mediation with a convicted violent criminal who has been legally restrained from going near OP?Confused

peanutbutterkid · 24/12/2023 15:43

DidiAskYouThough · 24/12/2023 14:07

Mediation with a convicted violent criminal who has been legally restrained from going near OP?Confused

That is what my friend did in her divorce. Not as violent an assault as OP describes, but yes, my friend chose mediation as better path than going to court. The parties only spoke to mediator during sessions, which were all virtual, no being in same TEAMS 'room'

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