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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.

URGENT: Shall I Divorce Him?

508 replies

BusyFinch · 11/05/2024 22:38

My Husband hates my children (they’re not our kids together they are my children from a previous marriage and are pre teen / early teen secondary school age. He is hypercritical of them and is super picky about everything they do. He has no or next to no relationship with them despite the fact that he has been living under the same roof as them for last 5 years. His criticisms are especially focused upon my daughter who is my youngest and a typical pre teen. Messy and answers back a lot. He is constantly on high alert always telling me things she’s done wrong.

For example today - not using her knife only using her fork at dinner , hanging her sports medals on her wardrobe door handle because they swing when she opens and closes the door it risks damaging the wardrobe door apparently, talking back to me, using her phone at the dinner table (showing me a mug cake she wanted us to make for her pudding), being on her phone too much generally, having too many items of cosmetics and it causing the kids bathroom to be messy and this is a relatively ‘light’ day in terms of his complaints. We have been out all day and this has all been between 4 and 9pm today. Some days there will be constant complaints all day.

For example: as soon as the kids get back from school they’re being too loud (he works from home in the living room as he has used the study as his hobby room so can’t fit a desk in there), kids have not taken their school bags immediately up to their rooms, not put their shoes neatly on the hall mat, had a snack at the table and left crumbs, not pushed the dining room chair in when getting up, not cleared the table after their snack, not put the snack stuff in the dishwasher to his liking, stomped up the stairs too loud, ran up stairs, worn shoes in the house, got water on the floor or too much water around sink in bathroom and this will all be in the 30 mins or so after the kids get in from school - this continues in a similar vein every hour of the day he is in the house with the kids.

In the first years or our marriage I tried to get the kids to do things to his liking but a couple of weeks ago I could no longer stand his constant petty ridiculous nitpicking of my kids and told him if he didn’t lay off them we were getting divorced.

He has never really tried to form any sort of relationship with my kids. They dislike him and tolerate him at absolute best. My ex husband (the kids dad) has indoctrinated the kids telling them they don’t have to listen to my husband which only makes things worse.

My husband and I are arguing about this on a daily basis. He is a negative, chronic complainer and doesn’t see the good in the world or in people in general. He is basically a miserable person. He hates his job and complains about that too. He dropped from full time to 4 days a week last year, but he is as miserable as ever.

A couple of months back after a family walk my daughter was sat in my car boot getting her muddy wellies off. He told her to get out of the boot so as not to get it muddy. She reasoned that her muddy boots were hung over the edge of the car boot. He was infuriated at her for talking back and literally physically removed her from the boot of my car - quite roughly too. I was shocked and have since been spending a lot of time considering leaving him.

My daughter had told me previously that he gets really angry with her when I am not there eg about leaving her room messy and she feels he wants to hit her that is how furious he appears to her. He never has hit her, just been cross with her but it has clearly scared her.

My son has basically figured out that he needs to not speak back and to not question my husband about stuff and he is generally a less confrontational child and so doesn’t get targeted by my husband as much as my daughter. A few years ago however my son was on the receiving end of exactly what my daughter is now I once went into my sons room and found my husband had hold of him on both shoulders - my husband said my son had tried to kick/lash out at him - this was years ago now and has not occurred again. I told my husband I would not tolerate this and that it would be over if he ever did anything like that again.

I am literally at the point where I cannot relax in my own home with the kids as I am just always waiting for the next negative comment or criticism to come from my husband. He literally hates all the world. Do I divorce him?

The house is in my sole name but he’s been here for 5 years so presumably would have some claim on it in the event of a divorce?

He constantly moans about the fact that he has to pay towards the mortgage from our joint back account without any ownership of the property. He often moans about the cost of raising my kids and how it costs much more than the child maintenance my ex husband pays. He moans about how much I spend (I am the main breadwinner). I do not live lavishly but literally every time I take the kids out anywhere that costs anything he will comment on it. I have not had a proper holiday with my kids in 5 years (we have been going camping or renting an air bnb with friends in the uk as he has been saying he doesn’t want to go on holiday with the kids he would rather just go with me and it would cost too much to do 2 holidays so either he and I have a holiday together or the kids and I do - I have ignored this and booked the above holidays for the kids and I every year anyway. He doesn’t come with us and will book a cottage in the uk for one week a year for him and me which I don’t enjoy as I am basically a cook on holiday he will just complain about having to eat out too much. Last year I told him I was booking an all inclusive in 2025 for the kids and I and he could come if he liked which he has agreed to - but I literally had to fight to get him to listen to what I wanted)

Financially I could manage without him as I work practically full time plus I get child maintenance from my ex.

Question is do I divorce him? And if I do what happens to my house? Shall I offer to pay him back whatever he has spent on my house so far just to make him more likely to leave without a fuss. I have asked him to move out and he has said no. He says he does not want a divorce, but I have so much anger, sadness and resentment about how the kids and I have been living in this bloody war zone for the last 5 years I cannot see any other way forward. Thank you so much for reading and any advice would be very gratefully received.

OP posts:
BusyFinch · 15/05/2024 14:23

Bluetrews25 · 15/05/2024 13:39

Blimey @BusyFinch you are going to be the poster girl for 'how to get rid of your husband and all the bits you will need to do'!
You are amazing
Keep on keeping on
Lots of people are rooting for you and the DCs. 💐

Thank you. Applied for the cash equivalent transfer value (CETV) on my pension yesterday too as will be required to sign off the financial settlement.

OP posts:
Mummy2024 · 15/05/2024 14:49

BusyFinch · 15/05/2024 14:23

Thank you. Applied for the cash equivalent transfer value (CETV) on my pension yesterday too as will be required to sign off the financial settlement.

Personally I don't think pensions should be included in divorces, its not accessible until well after the divorce is finalised years down the line. They should address it

SortingItOut · 15/05/2024 15:35

Mummy2024 · 15/05/2024 14:49

Personally I don't think pensions should be included in divorces, its not accessible until well after the divorce is finalised years down the line. They should address it

But it does stand both people in good stead for their retirement which is really important if one side of a couple worked less due to children and lost out on pension contributions.

It is also a good bargaining tool as some people would rather hand over more cash now so they keep their whole pension for later rather than split it.

RoseUnder · 15/05/2024 16:08

SortingItOut · 15/05/2024 15:35

But it does stand both people in good stead for their retirement which is really important if one side of a couple worked less due to children and lost out on pension contributions.

It is also a good bargaining tool as some people would rather hand over more cash now so they keep their whole pension for later rather than split it.

It's no good though if your Ex dies before retirement age.

I've seen this happen, and the long-promised divorce settlement never came, as he passed away at 60.

BusyFinch · 15/05/2024 16:28

I’m only getting my pension valued as I saw a solicitor last week who said a judge won’t sign off a financial order without both pensions being valued. I don’t plan to share my pension as I think our pensions will be broadly similar so I anticipate we will both keep our own.

OP posts:
SortingItOut · 15/05/2024 16:30

RoseUnder · 15/05/2024 16:08

It's no good though if your Ex dies before retirement age.

I've seen this happen, and the long-promised divorce settlement never came, as he passed away at 60.

The pension is split upon divorce and so it doesn't matter if the ex dies before retirement. You don't wait until retirement to get your share in the divorce.

Not sure what happened in the case you know about.

RoseUnder · 15/05/2024 17:02

SortingItOut · 15/05/2024 16:30

The pension is split upon divorce and so it doesn't matter if the ex dies before retirement. You don't wait until retirement to get your share in the divorce.

Not sure what happened in the case you know about.

Sadly in the case I know, the person was promised 50% of the Ex's pension which would only be paid out when he retired. I think she was badly advised by a rubbish lawyer (in the 1980s). It's left her with no pension of her own. But perhaps it wouldn't happen today.

SortingItOut · 15/05/2024 17:04

RoseUnder · 15/05/2024 17:02

Sadly in the case I know, the person was promised 50% of the Ex's pension which would only be paid out when he retired. I think she was badly advised by a rubbish lawyer (in the 1980s). It's left her with no pension of her own. But perhaps it wouldn't happen today.

That is terrible, definitely in the last 17 years at least pensions are now split upon divorce so this wouldn't happen now which is good because I bet lots of people missed out.

OpusGiemuJavlo · 15/05/2024 17:22

Normally the actual pension stays with the person whose name it is in but its monetary value is counted as part of the tally.

So if the assets of the marriage are

  • a house worth £500,000
  • general furnishings etc worth £100,000
  • person A's pension worth £500,000
  • person B's pension worth £150,000
  • savings of £50,000 (irrelevant whose name the savings are in)

Then the whole assets are worth a total of £1,300,000 and they get £650,000 worth of stuff each so person A gets to keep their pension and gets £150,000 from the sale of house (or person B buys them out by remortgaging to give them £150,000) and B gets everything else.

SortingItOut · 15/05/2024 18:01

OpusGiemuJavlo · 15/05/2024 17:22

Normally the actual pension stays with the person whose name it is in but its monetary value is counted as part of the tally.

So if the assets of the marriage are

  • a house worth £500,000
  • general furnishings etc worth £100,000
  • person A's pension worth £500,000
  • person B's pension worth £150,000
  • savings of £50,000 (irrelevant whose name the savings are in)

Then the whole assets are worth a total of £1,300,000 and they get £650,000 worth of stuff each so person A gets to keep their pension and gets £150,000 from the sale of house (or person B buys them out by remortgaging to give them £150,000) and B gets everything else.

It depends what the asset total is and how much is available in ready cash or whether the person without the large pension wants a pension for later in life.

Its a very individual thing in a divorce.
It is of course easier for everyone not to split a pension but if needs must.....

Helen1625 · 15/05/2024 21:13

BusyFinch · 14/05/2024 18:19

Update: He has been looking at places on Rightmove so hopefully he is engaging with the process of him moving out.

I have changed the bank account I get paid into to one in my sole name (previously we both only ever used our joint account) and I have changed my will to make my children the sole beneficiaries.

At the weekend when he is away visiting friends and the kids are at their dads I will remove half the money in our joint savings and joint current accounts and put them in an account in my sole name. I will then tell him I have done so and suggest he do the same with the remaining half the money.

I will also take his name off all the bills and put all house bills in my sole name. I will cancel all my direct debits from our joint account and transfer them to come from an account in my sole name and suggest he do the same.

Aim is to financially separate from him this weekend. Then if there is no clear moving date forthcoming I will apply for an occupation order.

I have told my sister and brother in law and my closest friend.

The ball is rolling….

@BusyFinch you're being incredibly brave and determined. Well done you. Keep being strong, you're doing the right thing for yourself and for your children.

BirthdayRainbow · 16/05/2024 08:04

I don't have a pension and STBEH has two. They are being split now but I then have to put my share into another pension until I can draw down at 55.

Luddite26 · 16/05/2024 13:30

Good luck @BusyFinch.x

Mummy2024 · 16/05/2024 17:39

BusyFinch · 15/05/2024 16:28

I’m only getting my pension valued as I saw a solicitor last week who said a judge won’t sign off a financial order without both pensions being valued. I don’t plan to share my pension as I think our pensions will be broadly similar so I anticipate we will both keep our own.

Your doing what you have to OP. I was just saying I really don't think it's fair in this day and age, where both parents are expected to work and use childcare etc. If I ever divorce I won't be expecting any of my husbands pension unless he demands mine, which I'll be absolutely fuming about as I worked for every single penny of it myself with 0 input from them.

Mummy2024 · 16/05/2024 17:46

SortingItOut · 15/05/2024 18:01

It depends what the asset total is and how much is available in ready cash or whether the person without the large pension wants a pension for later in life.

Its a very individual thing in a divorce.
It is of course easier for everyone not to split a pension but if needs must.....

Out of interest, if person A who wanted the house couldn't raise the funds or the house sale didn't meet the amount needed to cover the value of the pension what happens then? Are they forced to cash in their pension with a huge penalty?

Also what happens if you have had the pension say 20 years and only got married in the 16th year of the pension? Does the spouse get half of 20 years worth or half of 4 years worth?

SortingItOut · 17/05/2024 07:48

Mummy2024 · 16/05/2024 17:46

Out of interest, if person A who wanted the house couldn't raise the funds or the house sale didn't meet the amount needed to cover the value of the pension what happens then? Are they forced to cash in their pension with a huge penalty?

Also what happens if you have had the pension say 20 years and only got married in the 16th year of the pension? Does the spouse get half of 20 years worth or half of 4 years worth?

No one cashes in their pension, the pension company split the pension as per the court order and it sits there as normal until retirement age is reached.

When you marry you are essentially joining all your assets together so depending on the length of the marriage will depend on how the assets are split.
This is why people who get married have to consider things like this as by marrying you are essentially giving away your assets if you divorce.

When I got divorced we both agreed to walk away with what we each had, he had a slightly better pension than me but my earning power is better so I know mine will be better in the long run.
I won't ever get married again, I'm not risking my assets for anyone.

BusyFinch · 25/05/2024 20:23

Update: he has gone to see a place to rent today and has told the agent he would be interested in renting it. Agent has said he will let him know after the weekend so fingers crossed he gets it and will be out soon.

Spoke to a solicitor via rights of women.org advised not to take half of money out of joint accounts as would aggravate the situation and create animosity which may compromise my safety and cost me more in the long run.

Solicitor also advised I fill out occupation order online and have it ready to go in case he drags his heels.

He is constantly complaining about having to move out and the costs involved etc etc he really is an odious, hateful little man and I can’t wait for him to be gone. Counting the days. Hopefully will get a clear moving date soon. Watch this space ……

OP posts:
BirthdayRainbow · 25/05/2024 20:27

My STBEH complained it wasn't fair I can buy a house outright and he can't . I told him that wasn't my problem. I suggest you say that to him when he moans to you.

Luddite26 · 25/05/2024 20:44

You have done so well @BusyFinch . Keep going and going one day you will feel the relief and get the life you deserve.💐

OlderGlaswegianLivingInDevon · 25/05/2024 23:10

Is this the first place he has been to view ?

i thought you gave him until the end of the month - and as we know that's just a few days away, when would this property be available if he gets it ?

AcrossthePond55 · 25/05/2024 23:43

@BusyFinch

Your update sounds hopeful. Fingers crossed that he gets the flat.

I think I understand what the solicitor is saying re not potentially aggravating the situation re your personal safety, but I think that has to be weighed against your gut feelings as far as him deciding to empty the accounts or change all the passwords to 'get back at you'. From his remarks on the costs of moving out it sounds as if he's already 'financially aggrieved' at you, so it bears thinking about. I guess the best thing you can do is keep a close eye on the accounts via online banking & banking alerts. Or perhaps once he's signed the lease and is definitely going you can broach the subject of dividing any joint finances.

I'd definitely be taking screen shots of activity on the joint accounts.

BusyFinch · 25/05/2024 23:44

OlderGlaswegianLivingInDevon · 25/05/2024 23:10

Is this the first place he has been to view ?

i thought you gave him until the end of the month - and as we know that's just a few days away, when would this property be available if he gets it ?

Yes it’s the first place he’s seen. Not available until July though unfortunately. Solicitors told me she wasn’t sure I had enough to get him out on an occupation order and that technically he has a right to live in the marital home, but she did say to get the occupation order filled out online so that if he stops engaging with the process I can submit it and see what happens. She also said if he doesn’t engage with the process of moving out to get a solicitor to write him a letter. Fingers crossed he gets this place. It’s not as soon as I’d of liked but it looks like I’ve not got a huge amount of choice

OP posts:
BirthdayRainbow · 26/05/2024 16:17

Travelodge is pretty cheap if booked in advance..

AcrossthePond55 · 26/05/2024 17:22

@BusyFinch

Well, 1 July (assuming that's the date) is only a wee bit more than a month from now. You've lasted this long, I expect you can grit your teeth and last a little longer. Assuming of course that he doesn't escalate in his behaviour.

But what will really be interesting is if he is approved for it and decides 'it's not for him' and his reasons why. It's one thing to say "Yes, I will move out" and do it, it's another to say it with the express intention of never finding anywhere that's 'just right'. And I wouldn't put that past him. So pay close attention if he turns the place down, it may give you a clue as to what to expect from him as far as moving out.

OlderGlaswegianLivingInDevon · 26/05/2024 17:31

@AcrossthePond55

I had thought the end of the month was the end of May, so he should be looking at 1st June.

I am surprised he returned to the property after being away at a friend's home one weekend, would have been best all round if he hadn't.

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