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Finances at court and abuse.

32 replies

Fightingback16 · 05/07/2020 13:30

Hi,
My application for financial proceedings has been received and my husband has been issued with notification from the court. He is not happy about, he has already sent me an email, coercively trying to get me to stop the proceedings with guilt and obligation and fear of the recession. Although it doesn’t fill me with joy doing it this way and I’m not interested in revenge etc, there is no choice and I will proceed.

My question is will the court case allow me to bring up the abuse and does it have a bearing on the outcome. I have a Masters but I abandoned my career and struggling to pick up where I left off. I’m suffering PTSD and was diagnosed with M.E. I don’t want to be like this but I have had to accept that I have been effected by him.

OP posts:
LonginesPrime · 06/07/2020 18:43

OP, I'm not a family lawyer, but my understanding as a lay person is that a significant disability of either party could be taken into account when deciding what a fair settlement is, so I suspect the cause of your health issues will be less relevant than the fact they exist and impair your ability to earn a living.

Before you meet with your solicitor, I would also list out the ways in which your health issues affect your daily life and ability to work in case it's relevant.

IMO, if your ability to earn an income is impaired because of your disabilities, then had you stayed with him following the onset of these ailments (setting aside the fact he obv caused them), he would have had to support you financially and make up the difference. So you're at a disadvantage compared to him now as you no longer have his, erm...support(!).

Definitely check with your solicitor though as what I feel should be law and what actually is are often two completely different things!

Fightingback16 · 06/07/2020 18:55

I will have this conversation with my solicitor. I just wanted to test the water in the meantime. I’ve had a lot of brainwashing over the years so not entirely sure what’s possible.

I’m hoping that when all this is over I will be so much better and I want to have a career . I just have massive issues with stress, it triggers this bloody M.E, I cannot avoid stress indefinitely. I don’t know what my future looks like and it’s his fault.

OP posts:
RedHelenB · 06/07/2020 21:20

Thing is, if he too has mental health issues then that could limit his earning potential too if you got 50% of your assets and CM as per Gov guidelines will you be ok?

Fightingback16 · 06/07/2020 21:40

He was not diagnosed with anything and has worked full time the entire time and still is. I’ve worked part time and only because he forced me to go back after dd was born, but I struggled. I’m only saying he has mental health issues because I personally think he is insane! On 50% I would have to rent and would not be entitled to universal credit so would end up spending the equity on rent. Plus I have dd full time with very little support.

OP posts:
Fightingback16 · 06/07/2020 21:44

He also has a pension I don’t have and a good amount of our savings he moved to another account, £10,000 in cash in a safe I managed to get a picture of because he locked me out. He also spent about £30,000 in the last year of our savings that I was too “stupid” at the time to secure. God he got me good

OP posts:
RedHelenB · 06/07/2020 22:54

I think for your mental health you need to prepare for the worst but hope for the best. Were the police involved regarding the abuse?

Fightingback16 · 06/07/2020 23:10

They were involved a few times after I left as he got aggressive.

OP posts:
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