Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

NIGHTMARE Divorce situation :(

15 replies

firstimer91 · 23/06/2020 20:09

So me and my STBXH met almost 6 years ago and our son has just turned 2.

He is from Brazil I met him there as I was living there at the time and we married and he got his spouse visa, shortly afterwards things went downhill a bit, but I found out I was pregnant.

During my pregnancy I thought of leaving a few times, he became very controlling and verbally abusive and was not supportive at all, however I did not want to be pregnant and alone so kept trying. My family all live far away and abroad.

DS was born and things only got worse, he just wanted to party and didn't really recognize we had a baby other than posting a photo on facebook occasionally and saying what a great dad he was and I finally bucked up the courage and left when DS was 10 months old.

I felt better for it but very alone, his controlling behavior meant I had no close friends. He also completely changed, treating me as DS's mother like a princess suddenly, almost reverted back to the way he was when we met ( which was incredible)

He promised time and again he had seen the error of his ways after I left and after almost 3 months I gave in and gave him one last chance. 2 months later his visa was up for renewal and as he had a rubbish credit score I ended up having to put it in my name, but at this point our finances were all together anyway.

Shortly after I got the exact same horrible man I had left!! I just couldn't believe it, this time I left more quickly and this time for good.

However this is where it gets really bad. He went over to Brazil a few weeks ago and I suddenly got a message from a Brazilian lawyer...

Basically he is divorcing me there and if I don't consent he can do it without me and I don't get a say under Brazilian law even though I have already started a relatively amicable petition in the uk.

For me to get this to him in Brazil would be extremely expensive and time consuming and he would probably get to the "finish line" first.

So I have been forced to enter legal battle in Brazil (where he is asking ridiculous visitation rights even though he has already proved not interested!) even though me and DS are British and live in England! I have done my research and there is no way out.

On top of this he has stopped paying maintenance, and stopped paying the two loans which were his in my name! Even the money which was in DS baby account he took I discovered the other day.

He has left me in debt and with no money and I don't even know how I am going to pay a lawyer in Brazil.

I know this all sounds ridiculous and unbelievable and shocking but it is real and there is no way out.

On top of this I am dealing with the whole I'm a single mother now, my tummy is a bit mummy tummy I feel like I will never trust anyone again and having no family close by am feeling extremely down and alone.

I put on a brave face but I guess I just needed to write all this down to get it out as I still can't even make sense of how any of this has happened :(

Moral of the story? - Be wary of other countries laws before marrying someone I guess!

OP posts:
Tigersneeze · 23/06/2020 20:16

sorry this happened to you, he sounds like a right ass. What happened if you ignored the Brazilian divorce and sued him in england for the theft of the money he took form your bank account?

did you get legal advice?

firstimer91 · 23/06/2020 22:27

Hey! Thanks for your response, and yes turns out he is an arse and I was blind!

Well he didnt take money from my account it was the child saver which was linked to his... so I'm not sure, I did however get legal advice about the divorce and unfortunately it is a longer and more expensive process for me here (being that he is not present)

I really feel up against a wall :(

but learnt a HUGE life lesson!

OP posts:
Tigersneeze · 23/06/2020 22:35

sounds like a nightmare all around.

maybe let him drive the divorce from brazil and focus on advice how to shift the dept back to him (if possible) and how the get the money back from the child saver account - at least this way you put a legal trap in place should he ever set foot back to the UK

TheFoz · 23/06/2020 22:40

When you say you got a message from a Brazilian lawyer, what mode of communication was used?

firstimer91 · 24/06/2020 21:32

WhatsApp. I speak Portuguese as I used to live there...

OP posts:
firstimer91 · 24/06/2020 21:32

Yes that makes sense I suppose. Thank you... :(

OP posts:
imwellardme · 24/06/2020 21:35

Just ignore - let him divorce you! Also, what kind of lawyer corresponds through WhatsApp?? I would expect an email from the firms email address.

TheFoz · 24/06/2020 21:55

A WhatsApp message?? Take it seriously when you get a letter on headed paper.

I think your ex might be taking a hand of you.

MrsSchadenfreude · 24/06/2020 22:01

Can he divorce you in Brazil, if you were living in UK?

firstimer91 · 25/06/2020 07:53

The let him divorce me part I would quite like actually the trouble is it involves child maintenance and visitation rights together so I have to get involved! I have since had conversations with his lawyers also and am now já ring to hire one of my own in Brazil and do everything through video calls and emails. Such a nightmare! 😪

OP posts:
firstimer91 · 25/06/2020 07:56

He can divorce me even though I live in the uk as we got married in Brazil, if I don’t comply there is a process to do it without my consent. Brazilian law is crazy. The trouble is I could say I will just never visit Brazil again, as they can’t really enforce anything while I am in the uk. But my whole family live there... so it means I now feel scared to visit. As he can try to stop me leaving the country and all sorts. I just never thought it would come to any of this, he has never shown much interest in even being a father.

I believe he is doing this all to spite me, even though I have done nothing to him except leave which I guess hurt his ego...

OP posts:
slipperywhensparticus · 25/06/2020 07:57

Who started the divorce proceedings first? Because if it's you then surely you can push back on the Brazilian ones saying there is already a petition before the courts in your home country

Does he have permanent residence in the uk?

Collaborate · 25/06/2020 09:37

You need to seek specialist advice from a solicitor who specialises in international child law. PM me if you want a referral.

firstimer91 · 25/06/2020 11:28

I started the proceedings first but to finish it I would have to hire a process server in about five weeks after I have a case number from the court to serve him the paperwork in Brazil, this takes months and costs over $1000 alone and this is just to get the divorce paperwork no child maintenance or visits arranged.

Meanwhile if I ever visit my family in Brazil he can come after me with default visitation rights until the case goes to a judge (which could take months) so he could just turn up and take my son even though he doesn't even really know him anymore. I know he can do this because I have seen it happen.

So in that case it is worth it for me to at least try and sort it in Brazil now so that he can't ever do that.

I never wanted to even be nasty about any of this and he assured me he would not be moving back to Brazil and I guess we would have sorted things amicably here.

But he now has gone back without warning me and done all of this and the worst is left me in debt so at the moment I can't even afford legal help.

I am speaking to his lawyer to at least pay me the £1000 in child maintenance and his own loans which he owes me so far and then hope to get a lawyer in Brazil and see where I can go from there.

I just feel so angry about it all as I was always the one trying to keep things friendly and being reasonable etc.

OP posts:
Room101isWhereIUsedtoLive · 26/06/2020 16:53

I had an international divorce and because my ex lived in the states and that's where our joint property and kids were, we had to have our divorce finalized in the USA.
So from my experience, he can't divorce you in Brazil, as that is not where you are based.
But yes get legal advice as recommended above ASAP.
Good luck, sounds majorly fucking stressful...

New posts on this thread. Refresh page
Swipe left for the next trending thread