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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.

In shock and confused

90 replies

Imgoingoutforawhile · 09/03/2024 22:55

I have name changed as I don’t want this linked to my other posts.

My husband has just told me he’s leaving me, hasn’t been happy for years, loves me but is not IN love with me.

I had no idea he was so unhappy. I feel betrayed that he never talked this through with me so we could try and make it work.

Been together 12 years, married nearly 7.
I have two kids, 17 and 20, from a previous relationship, they don’t see their bio father.

I’m devastated. He’s honestly the kindest, most loving person I’ve ever known and I love him very much.

He’s obviously been thinking about this for a while as he’s told me that it’s better to spilt assets on separation rather than on divorce and that divorce can all be done online now without a court etc. I had no idea about any of it.

We don’t own our home, we rent and I wouldn’t be able to afford the rent on my own (older DC at uni, younger DC doing A levels) the furniture is all ours.
He has a large amount of savings as we’ve been saving a house deposit. I have a small amount of savings. He earns around 5 times more than me that’s why he has so much more.

He says we would just spilt the savings on half and then if I keep the car, the furniture etc he would take the money for that off my half, does that make sense and is that right?

My head is spinning and I can’t think straight

OP posts:
House4DS · 11/03/2024 16:33

@Imgoingoutforawhile FYI as soon as H moves out, get in touch with student finance so they can reassess on your income alone.
You can do this regardless of whether H continues to contribute to your student DC.

House4DS · 11/03/2024 16:35

@Imgoingoutforawhile
And make sure you tick the box that makes your finances visible to the uni as depending on the uni DC may be eligible for an income related bursary. Essentially free money.

Imgoingoutforawhile · 11/03/2024 22:02

Thanks for all the advice.

He said he will continue to contribute to DS at uni for the rest of the school year (he finishes in June) so I will just need to make sure his student finance application for the next year is based on my income.

It’s awkward at home now. Barely speaking to each other as I can’t look at him without tears pricking my eyes.

OP posts:
millymollymoomoo · 11/03/2024 22:26

@TheShellBeach
nope

TheShellBeach · 11/03/2024 22:36

millymollymoomoo · 11/03/2024 22:26

@TheShellBeach
nope

Eh?

Fraaahnces · 12/03/2024 02:47

Stop treating your kids like toddlers and talk to them about what’s happening or this is going to bite you on the bum later. Give them the respect to choose how they feel about you and their dad’s behaviour and about what they want to do.

Notamum12345577 · 12/03/2024 02:59

This reply has been deleted

This has been withdrawn due to privacy concerns.

Her OP states that they aren’t his biological kids? They met when they kids were younger

Anita848 · 12/03/2024 16:34

I agree with the other commenters - get some advice first if you can. Use the free first hours solicitors offer if funds are low. If you can use a solicitor, that's great! But just as the other commenter said, you can still do it by yourself if money is tight and you can't shell out hundreds/thousands. Use all the free resources you can find online to guide you so your husband is not the only one making the decision over how this should go.
It also your decision how you'd like it go to. Also it might help you understand what's going on as I literally was so confused before I found out about free help guides. See if this one might help, I used this one - https://iamlip.com/ you can also do both and use both free resources to save money and a solicitor to do the things you don't want to do.
Also I saw pensions were mentioned so see if this might help you with that - https://iamlip.com/dividing-pensions-and-pension-sharing-orders/
Remember to please take care of yourself - this

Dividing Pensions And Pension Sharing Orders

Dividing Pensions And Pension Sharing Orders - I AM L.I.P

This guide has been written in a simple manner to give you a general understanding so that when you talk to your ex-partner/solicitor/pension provider/the

https://iamlip.com/dividing-pensions-and-pension-sharing-orders

FasterthanaButteredOtter · 12/03/2024 22:49

Fraaahnces · 12/03/2024 02:47

Stop treating your kids like toddlers and talk to them about what’s happening or this is going to bite you on the bum later. Give them the respect to choose how they feel about you and their dad’s behaviour and about what they want to do.

@Fraaahnces he isn't their bio dad.

PaminaMozart · 13/03/2024 00:40

Not sure if this has been mentioned, but Wikivorce is a useful resource.

Also look at family solicitor websites. Some have lots of useful information, but make sure they are based in your country.

Plus books from the library, e.g. Divorce for Dummies.

Diarygirlqueen · 15/04/2024 23:57

OP been thinking of you and hope everything is more settled.

Divorceadvice1 · 16/04/2024 16:12

@Imgoingoutforawhile
The 12 years are relevant as cohabitation prior to and running into marriage may be considered by the court, as can your children on your case.

There are three aspects to divorce - how you feel and are coping so do look after yourself, then there are the other 2 aspects - the divorce process and financial settlement process.

Financial settlement…

It’s a legal requirement to get full and frank disclosure of assets from both parties and to have documentary evidence about their worth.

To get full and frank disclosure,
exchange Form E.
Both parties fill one in separately, attach the required documents and then exchange them.
Don’t skip the step of full, frank and complete disclosure. - including all pensions, investments, stocks and shares, savings cash, etc.
Form E sets out everything each party needs to disclose by law.

Once all the assets are known and valued, negotiations can begin. Section 25 factors give the guidelines for asset sharing. Mediation may help to come to agreements.

First though, make sure you get all the financial information and documentary evidence showing the value of each and every asset.

If anyone tells you there’s no need to get full and frank disclosure and valuations, or that you can make decisions without these, they are not acting in your best interest.

If any part of disclosure is missing you can send the other party a letter of questionnaire, asking for it.
If still missing you can send a letter of deficiencies, asking for it.
If still missing a solicitor’s letter can be sent, and a court order for it can be applied for if still missing after that.

This is what a solicitor would do but litigants in person can do this themselves.

Get CETVs for all pensions - cash equivalent transfer values - (pension providers usually provide one per year, free).

Courts apply the law using evidence. If there’s no valuation there no evidence so that’s why it’s required and important to get full disclosure and documentary evidence.

Consider getting an actuary report on the capital and future income value of pensions. This can include what a 50/50 split or target income would be and can factor in different retirement ages for example. The court can then use the report to make sure these assets are shared out fairly and correctly between parties.

Once you have full and frank disclosure you are in a position to negotiate- and not until.

Look at Section 25 factors - the sharing out of marital assets is based on these and the court uses them to determine whether a settlement is fair/good or not.

If pension sharing is a possibility/ something either party needs, send a form P to each pension provider. It just puts them on notice that a pension sharing order may happen in the future. The court requires that form p is sent to providers before a pension sharing order can be made. It’s worth doing it early.

Best not to rush the financial settlement process, or rush into any decisions or agreements, before you have full and frank disclosure. You need to see with your own eyes what all the assets are, and what they are worth first.

The courts apply the law and as a married woman you are entitled to a share of the marital assets according to Section 25 factors.

At times these threads veer into subjective opinions and back and forth about what parties deserve rather than what they are entitled to under the law.
They are therefore irrelevant to your financial settlement case so don’t give those kinds of posts too much, if any, emotional energy. You already have more than enough on your plate!

In the financial settlement process get the disclosure, stick to the facts, rely on the evidence and apply the Section 25 factors.

It’s important to remember the courts work out what each party is entitled to under the law and that is the outcome you may work toward for yourself.

Take care of yourself and good luck.

BTW username noted, you may go out for a while but your children and all those that love you do need you to come back x

Itsrainingloadshere · 16/04/2024 16:52

Imgoingoutforawhile · 09/03/2024 23:23

Pension hasn’t been mentioned, why would I be entitled to any of that? We are only in our 40s so don’t get pension yet?

Edited

It’s the money that’s in your pension funds that will get divided up. If either of you pay into a pension then there is money building up and it can be a very valuable asset that needs to be valued.

Please do some reading up on Advice Now guides and DO NOT agree to anything at the moment. You need time to get your head around this and to get some advice from a solicitor.

Divorceadvice1 · 16/04/2024 17:01

@Imgoingoutforawhile Following on from @Itsrainingloadshere said above…

The pension CETVs that the parties get from each pension provider and exchange at Form E are cash equivalent transfer values showing how much is in each pot. This is a marital asset that may be shared or offset for example.

Even if it works out that the pots for each party are equal in terms of capital, the income and benefits can be different, so an actuary report can be useful.

Many women make the mistake of not including pensions or saying they are like for like without actually knowing that for a fact. They are poorer as a result.

Belatedeyebrows · 16/04/2024 17:07

Hope you're OK, op.

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