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Separating: I have been offered a job 5 hours away fom where ExP lives. Can he stop me acceting the job and moving with DD?

51 replies

Iamamesswhy · 15/10/2011 23:54

A bit of background: I separated from ExP almost 6 months ago. As I am from abroad I have not been receiving HB and CTB (it seems to be right although I have an appeal in place). At the end of the month my JSA contribution based runs out and I have been told that I will be declined JSA income based as I have a financial interest on a property ExP and I bought together and which he has kept. He should pay me off but he is not willing to pay me at all. He has declined twice to go to mediation and last letter from my solicitor advise me to accept his last offer which is just half of what I am legaly entitled to.

There is a delcaration of trust signed between us but my solicitor is telling now that because I have never paid towards the mortgage, even though I have paid utilities bill and food, the declaration of trust may not be legally binded and if we go to court and I do not get what I am entitled to I will have to pay my costs plus ExP's. This would mean that I would be left with nothing after I have had to pay all the costs.

So the reality is that if I accept his last offer (which I am considering) I will not get any benefits at all and DD and I will become homeless by the end of the month. Now the solution is that I have been offered a job in the south while we live in the north and I am going to accept it. So my question is what can ExP do to stop me moving and accepting this job? It is the only option I have to provide for DD as I have been looking for work fo the last 7 months and even though I have sent plenty of application forms nothing seems to come where we currently live. I will have to start working mid November so I am planning to move by the end of the month with DD.

Any help much appreciated. Thanks in advance

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STIDW · 22/10/2011 23:20

I'm a woman and not a lawyer. I believe Tyr is a man but isn't a lawyer either, perhaps he could clarify. In any event it doesn't invalidate what he says.

Admittedly it is a few years now but for 10 years I worked as a mental health professional and my experience of women's DV charities wasn't all that positive either.

It seems to me that the polarised image divorcing/separating couples have of each other is often supported by women's DV groups (and fathers groups for that matter!) and become unnecessarily entrenched. That leads to unrealistic expectations of the courts and disappointment when a judge doesn't agree that the other parent is too awful for children to have contact/live with.

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