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Legal matters

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14 replies

Areyoureallykidding · 28/02/2018 03:26

Good morning everyone.

My ex husband gave me 48 hours to move back to the United Kingdom which I did last September. He still lives abroad in a non EU country.

I am wanting to divorce him but cannot afford a solicitor. Thinking of self representing but he is a nasty piece of work (he is a millionaire but all of his assets are offshore and not in UK). However, there is our house in his name in London which he states (not in writing) that I will receive 50 per cent of the profits when sold) - I believe I am entitled to more but what can I do if I cannot afford a solicitor at this moment in time?

OP posts:
HollyBollyBooBoo · 28/02/2018 04:35

Tricky one, what a nightmare situation.

Where in UK are you? I think Scotland and NI still have means tested legal aid for divorce. I think England dropped that a while ago.

Could you get a loan from family or friends?

Areyoureallykidding · 28/02/2018 05:34

I am in London but married in Scotland - so may look up if legal aid is still available there. Thank you!

OP posts:
Collaborate · 28/02/2018 07:33

You can apply in England for divorce and financial remedy. You can secure your claim against his property in London by registering a notice at the Land Registry, and are not limited to claiming only half of it.

You may be able to get litigation funding from a specialist lender to fund your case.

wheresmyphone · 28/02/2018 07:35

Phone Citizens Advice and make sure they know you married in Scotland. Law is different across the UK.

Collaborate · 28/02/2018 13:26

Phone Citizens Advice and make sure they know you married in Scotland. Law is different across the UK.

I'm sorry, but divorce jurisdiction has absolutely nothing to do with where you married, and everything to do with habitual residence, and to a lesser extent domicile and nationality.

MrsBertBibby · 28/02/2018 14:54

And you really don't want a Scottish divorce. You will be much better if financially divorcing in England.

QuiteLikely5 · 28/02/2018 14:58

If he is worth a million or two then you would be wise to seek legal advice.

Some firms will take you on and take the fees out of the settlement.

Move into the London house?

You have a right to reasonably continue life in a similar manner before he gave you a days notice to leave him!

The London house is half yours

QuiteLikely5 · 28/02/2018 14:59

Mrs bibby

What is worse about a Scottish divorce?

MrsBertBibby · 28/02/2018 18:27

Scottish law is massively less favourable to the economically weaker party.

Areyoureallykidding · 28/02/2018 18:53

He refuses to pay for any solicitors and also refuses to pay for the divorce itself. I had to pay my own and children's flight home. He gave me a small settlement (£12K) to tied me over until a found a house to rent, car, work and now states that this amount will come out of my share of the house.

OP posts:
Areyoureallykidding · 28/02/2018 18:54

Does anyone know of a solicitors that will take on the case in lieu of when settlement is given?

OP posts:
MrsBertBibby · 28/02/2018 19:01

You need to ask about a Sears Tooth agreement.

Where roughly are you based?

Nearlythere35 · 28/02/2018 19:04

You may be able to apply for him to fund your legal expenses under relatively new provisions. You need to urgently take legal advice to establish the best jurisdiction to issue in. If there has been domestic abuse you may get legal aid.

MrsBertBibby · 28/02/2018 19:05

Also you need to get your petition in the minute you have been here 6 months. He is a fool not divorcing you where he is, as England is the top venue for wives of wealthy men. Fingers crossed he carries on not seeing a lawyer.

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