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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Advice on Divorce/ Separation

15 replies

Tillyboo · 03/10/2006 12:47

I am posting this on behalf of a friend who does not have access to a computer so I hope someone can help as I have no useful knowledge about the subject.
Can anyone offer good practical advice or point me in the direction of a good website or organisation that can offer practical advice to women on this subject i.e. how to start proceedings, rights, what financial support to expect. I know advice from a solicitor is probably the best option but they are expensive and it's probably best to gather some information before approaching one.
My friend is worried how she'd cope with a child on her own in terms of finance, housing and benefits etc.
I feel very sad for her as she'd be totally on her own (i.e. no family) if divorce is the only option so I'd like to help her as much as I can.
Has anyone had a positive divorce in terms of 'going it alone' ? My sister is sep with 2 childfren of school age and she finds it very tough

OP posts:
sleepfinder · 03/10/2006 12:49

try citizens advice in the first instance?

Tillyboo · 03/10/2006 12:57

I have suggested them to my friend - would they have the detaied information though ? I've never used them so I don't know, but certainly an option.
Thanks sleepfinder

OP posts:
sleepfinder · 03/10/2006 12:59

i've never used them - but a friend once did when she was facing redundancy / sacking and they were enormously helpful.

When she finally left her job she did so with £15,000 more pay-out than her employers had planned to give - based on her service etc and completely as a result of the advice she's received from C. A.

good luck to your friend!

Bugsy2 · 03/10/2006 13:08

Go to the library & get a copy of the "Which Guide to Divorce" - I found it very useful.
I got divorced nearly 2 years ago now, after being separated for the best part of a year. My children were 3 & just over 1 when ex-H moved out. Financially I am worse off than I was when married, but not unacceptably so.
Whatever route your friend goes down, she will need to work out current monthly expenditure breakdown, so she could start getting all those figures together now.
Happy to give any help or advice I can to you Tillyboo to pass on to your friend.

Tillyboo · 03/10/2006 13:13

Thanks so much ! I'll pass on the suggestions and thank you for the offer of advice, much appreciated

OP posts:
mumblechum · 03/10/2006 13:48

As soon as your friend physically separates from her husband, she should go & get her benefits sorted. If she's working more that 16 hours pwk, she'll get working tax credit and child tax credit. Those are obtained via the inland revenue. If she's not working, she should make a claim for eithr income support or, since her kids are at school, jobseekers allowance may be more appropriate. Her husband would, under the CSA guidelines, be expected to pay 20% of his net income by way of child maintenance. He may also agree to pay her spousal maintenance for herself, tho' she may need a solicitor to get that out of him. If they have a mortgage and he won't pay, (or, if approp, rent),she should make a claim for housing benefit via the local authority. This doesn't kick in for ages, but she should make her claim immediately that they separate.

If she's unemployed or on a low wage, she may be entitled to public funding. Check out the Legal Services Commission website calculator.

So far as divorce proceedings are concerned, if she decides to go ahead now the only grounds are his unreasonable behaviour or his adultery. Assuming the latter is out, she should go on his behaviour. She (or you) can download the forms from the court website (www.courtservice.org.gov). She needs to complete the petition for divorce (if she needs advice on the particulars, let me know), the statement of arrangements for children and, if appropriate, EX180 (application for exemption from fees) or £300 cheque. She also needs to supply her marriage cert.
If in no hurry for a divorce, they could go to mediation and if successful, the deal should be embodied into a Separation Deed which is legally binding and can cover everything re. money, children,etcetc.

To find a local family specialist, try the national body www.resolution.org.com

Tillyboo · 03/10/2006 21:06

Thankyou Mumblechum, you sound like an expert. I think she is scared to leave. Not having any family support or anywhere to stay is all very daunting and scary. I suppose you need to be very brave to take the final step but I will pass on your advice - the more information she has to hand the more confident she'll hopefuly get.

OP posts:
mumblechum · 03/10/2006 21:24

Hi Tillyboo. Why does your friend think she has to leave? When there are children it is more often the husband who moves out while everything is sorted out. If he's beenviolent or threatening she can get an injunction inc. an order that he slings his hook & carries on paying the bills & mortgage/rent. In practice, most men start to accept that the marriage is over once they've had a letter from a solicitor to say that divorce proceedings are imminent and asking what his proposals are for accomodation, etc.

Tillyboo · 04/10/2006 23:14

I've told her on no account must she leave as her husband has an obligation to provide etc. but it's quite complicated and I don't want to be too detailed in case she gets recognised on here.
When the subject has come up between them he say's he'll never leave and make sure all the money goes so she can't have anything.
She's been made to feel everything is her fault (the typical male blame shifting thing, making her feel worthless, stripping her of any confidence and self esteem etc.) so I think she feels the only option is to go herrself.
I'm not sure she has the courage to ever carry this through but armed with the right information and advice she might just muster enough to change her life for the better

OP posts:
mumblechum · 05/10/2006 10:16

Give her my best. I'm a family lawyer so if you want any more info, let me know. I'm not touting for business but may be able to set her mind at rest about some things pending her getting her own solicitor.

Tillyboo · 05/10/2006 19:34

Oh thanks so much mumblechum. Have you a contact email ? Where are you based ?
Even if she takes her time making a decision, she'll still have the contact details for whenever she is ready.

OP posts:
mumblechum · 05/10/2006 20:20

I'm in East Berkshire. Where's your friend, I may be able to recommend someone.

mumblechum · 05/10/2006 20:21

BTW, I don't do legal aid. my email is [email protected] (personal, not work email.)

Judy1234 · 05/10/2006 23:31

Neither my ex husband nor I would leave. Both our lawyers wanted us to keep the relationships with the children, possession of the property etc so we stayed until the bitter end - decree absolute, money asset transfers etc. She certainly shouldn't move out but she can get a divorce petition sent to him to start things off and start talking to him about finances after divorce.

scatterbrain · 24/10/2006 21:12

Hi there, sorry to hijack - but my best friend is in a very similar position and also cannot afford to see a solicitor at the moment - sorry to be cheeky, but mumblechum, can I email you a few questions ??

Thank you,
Scatterbrain xx

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