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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

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Anyone up? DH is leaving me

976 replies

onitlikeacarbonnet · 11/06/2016 02:01

I'll try to be short. Been together 16 years. Married for 9.
2 weeks ago, with no prior warning, he said he wasn't sure he loved me anymore. I asked outright but he said there wasn't anyone else.

2 days ago he told me he'd lied and there was someone else. He wanted to be with her. But he was full of doubt. We have 2 DC (dd is 5 in 10 days and ds is 6).
I begged him to stay. I cried all over him. I love him and told him so. He said he cares about me.

Tonight he went out to meet an old friend and came home having made up his mind finally that he was going.

I've been in pieces for 2 weeks and feel like I'm empty. I'm not crying now but I've never been so overwhelmingly sad. Not even when my parents died.

I'm not sure what I want from this post. Just feeling alone and scared.

OP posts:
onitlikeacarbonnet · 13/07/2016 23:47

He was joking. Trying to impress the young, reckless, beautiful drunk.

I will be speaking to my lawyer on Monday regarding custody.
I'm not sure how that will go

OP posts:
mix56 · 14/07/2016 08:07

yes keep the texts, all of them.
He is wining & dining his new shag in London, then playing the money is short card. The judge will laugh him out of court.

mrsbrightside3 · 14/07/2016 09:45

Sadly I doubt a judge will laugh him out of court. It probably won't even make it to court unless one or both of you pushes it to court (if an arrangement cannot be made between yourselves and your solicitors or through mediation). My dad is a senior partner in a law firm and specialises in family law / divorce. I learnt a lot from working in his firm through my teens, and sadly through him representing me in both my divorces and several of my friends divorces and my new husbands divorce.
Unless a social services (CAFCASS) report can prove he or his new dp are a danger to the dc then he is likely to get 50/50 custody (if he wants 50/50 that is). I agree that the messages you have found do not paint him or his dp in a good light, but I doubt that this will be enough for a court to not grant him overnight access. Details of the ow will be irrelevant unless he moves her in, and even then probably not unless they got married.

My advice to you OP i'd to make sure you get in first with the divorce proceedings. It is always best to be the petitioner, rather than the respondent - gives you more power and control. Chances are if your ex has seen a solicitor they will tell him to divorce you sooner rather than later to get a settlement sorted asap. As a rule, men tend to lose more in divorce (whether they deserve it or not). Its in their best interests to get financial and childcare settlements agreed quick - and the only way to get that done is to divorce.

R.e custody, there is no such term now. It is known as 'residency'. It is agreed who will be the resident parent (the childs first home / where they are registered etc) - which looks like it will be you. And who is the non-resident parent (your ex). Once that is agreed then it is about agreeing (either between you, or through mediation / the courts) what the access schedule of the non resident parent will be.

Once this is agreed it is in both of your interests to have this written up in a child arrangements order - which is a legally binding doccument that means neither of you can be messed about with access without their being some kind of penalty (fine, criminal proceedings). Personally me and my exdh had a very amicable divorce and sorted it all out ourselves with no mediation or court orders and it has worked well (divorced 4 years). However my new dh has been through hell and back with his exw..... thats another story, but you name it, we've been there!

Regarding finances, all your ex is legally entitled to pay you is the CMS calculations figure based on his salary - as long as he is paying at least this amount then a court will not be interested in how much he says he has or doesn't have, or how much poverty he pleads. He has to pay at least that amount. end off. Make sure you sort out all the stuff r.e house move / equity etc asap. This makes me nervous and which is why pushing through a divorce may be the only way to make things legally biding at this point in time.

legally whilst you are still married he has a responsibility for your joint mortgage. chances are he will have to stay on your mortgage if you can't afford to take it on by yourself. It will more than likely be written into your financial consent order that the house has to be sold / you own him his share (whatever is agreed) - when the youngest child reaches 18, or before that if you re-marry or co-habit with another man. The reason for this is that nowadays the courts like to make things separate as soon as possible - this is called a 'clean break' order which is what the family courts push for now.
This will enable your exdp to get his hands on his money quicker and afford his own place so he is not financially tied to you. What it can mean is that you can effectively feel penalisd for having a new relationship (moving a man in / re-marrying) - but then I guess if that happens then you'd rather own a house with your new dp anyway!

Good luck OP. You sound like a strong lady - you will need to be over the next few years. It will be tiring and emotional and it will change you. But get some good legal representation and be pro-active. But please bare in mind that there will be things that will be out of your control, the law is a funny thing, and you cannot control what your now exdh does and thinks etc. One of the greatest lessons I have learn through my experiences is to let go - which for a control freak like me has been hard! :) You lose a lot of 'control' when you separate / divorce. So hang in there and look after yourself x

UptheAnty · 14/07/2016 09:59

Ha ha, he took her to London

I hope she gets pissed and makes a fool of herself & him.

Wine
building2016 · 15/07/2016 14:30

Hiya, onit, hope you are okay.

Unipottimus · 15/07/2016 18:57

Hi onit, Just read this post through and wanted to say I think you are awesome. You have handled this whole thing with such dignity and strength. You are so clearly the better person. Your H will regret it, when you're happy in your new home with children who adore you because it wasn't you that left them..

Chin up. You're doing bloomin good xx Flowers

Dowser · 16/07/2016 07:31

Wise words mrsbrightside. Does that apply under Scottish law. Op lives in Scotland. I'm not sure that the home being sold when child is 18 applies.

I brought the divorce . We were meant to pay half. My solicitor got in touch with his solicitor for his half only to find he'd already filed for divorce ( after agreeing to pay half)
my solicitor was really shocked. It put us on the back foot she said. However it might even have gone for me, as all his sneaky tricks and lies were highlighted ...let's say noted throughout the divorce...and I did well out if it,despite having no under age children.

Plus he got to pay the added costs of the divorce which was about an extra thousand....diddumsM

user1467709068 · 16/07/2016 08:53

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onitlikeacarbonnet · 16/07/2016 08:57

I'm making an appointment with an IFA.
His temperament seems to fluctuate, especially wrt how he sees me. For eg he wants to be supportive one day then the next day I get a text or email which suggests he'll withdraw that support.
Most of that is financial and I spent a good chunk of Thursday terrified he'd renege on the agreement to give me all the equity. It is the ONLY way I'll get a house. I thought he'd deliberately make me homeless in an attempt to take the DC from me. I was ready to retract the acceptance of the offer on our house I was so convinced.
I feel less like that now but I have the solicitors on Monday which will help me with things.
My job over the next couple of days is to draw up a document which states all our agreements so far that u can take to the lawyer, and note anything still to be agreed.
We need to have this soon in order to exchange contracts on our house sale.
The DC and I will be moving out in 8 weeks!
I have a second viewing on a house on Monday.

My idiot h managed to lose his wallet on his way back from his dirty midweek (it was ow birthday. How romantic) presumably they were inebriated on the train home since she doesn't seem able to travel without being drunk.
Anyway, time to get on with the day.
He has the DC over lunch today and I need to get my act together.

Tonight can someone shout at me to go to bed at 10pm?
I can't continue like this SadConfused

OP posts:
Dowser · 16/07/2016 09:43

Awww. I'm tired too. With a long drive ahead. Terrible feeling isn't it?

Glad you are seeing a solicitor. One who I hope has your very best interests at heart.

Myself, if there was a 1 per cent chance he would renege on any of his agreements the I would say no deal and sit tight in the house until he forcibly edicts his own children.

It appears to be your only bargaining chip op.

I know nothing about Scottish law so I really hope these agreements are water tight, otherwise it would be plan b all the way for me.

And for the future.

Good luck.

tofutti · 16/07/2016 09:51

userblahblah appears to be spamming threads with a baby name site. Have reported.

Dowser · 16/07/2016 09:54

Found this Scottish divorce site. I sure you've seen them too op

Only skimmed it as I need to finish packing but it doesn't look li,e you can be forced out of the house if you're not ready to move

www.austinlafferty.co.uk/divorce-separation-scotland-guide.html

onitlikeacarbonnet · 16/07/2016 11:28

Can anyone tell me if income from maintenance, child benefit and tax credits can be used when calculating how much I can borrow on a mortgage?

OP posts:
Rowanhart · 16/07/2016 15:41

I know child benefit definitely can't be, as was told when applied for own mortage.

Don't know about other.

onitlikeacarbonnet · 16/07/2016 19:01

Thanks rowan

OP posts:
annielouise · 16/07/2016 21:13

I was told by a mortgage advisor that maintenance can be. Not sure about tax credits. Sorry for what's happening to you. Funny how you think you know someone then they do this.

DPotter · 16/07/2016 22:14

Go to bed onit!!

building2016 · 16/07/2016 22:27

Yep. Beddie byes. Now. Night night!

VanillaSugar · 16/07/2016 23:23

Just RTFT - you are an awesome woman!

onitlikeacarbonnet · 17/07/2016 02:16

No bed for me tonight yet.
I have just read something (well actually read it an hour ago) and my heart is pounding out of my chest I am so scared.

He wants to take my DC. By suggesting he has a stable home and I don't. He wants to introduce them to his FUCKING WHORE and he wants to use the amount of maintenance he'll pay towards his DC as a way to force me to agree.

He is an absolute cunt. If I could, I would pack up my shit and my DC and disappear into the ether. He is willing to sacrifice his DCs happiness for his own and I just don't understand that.
I HATE him and I don't trust a hair on his head but my DC love him. It's for their benefit he's seeing them. Not his. I don't know we're my old selfless, generous, kind, loving husband has gone but whatever this witch has done with him I'm just sorry he's gone.
My DC will be poorer without him and this sorry excuse for a man that's left? Why is he attractive to her? To anyone? He is despicable.

And if I have to spend every single penny I have, he will never, EVER, EVER get his filthy, scummy, devious hands on my beautiful, innocent, oblivious children.

I've never felt rage like this AngryAngryAngry
Ever Angry
I don't think I'll sleep tonight. I feel like I need to protect my babies.
From their own dad SadSadSad

OP posts:
AgathaF · 17/07/2016 06:23

I hope you're asleep now. What did you read? Was it from him?

Rowanhart · 17/07/2016 06:56

Bonnet, first I hope you got some sleep.

Secondly, take the house of the market now. If he's saying that he does not intend to give you all the money. You then have the stable family home.

He can not force you from it throughout all divorce etc, by which time you'll be back at work and have a better ideas as to what mortgage you can get.

The key word now is stabllity. Kids and you. Think calm. Try and stay calm. I would try and plan to get back to work for once kids are both back in school in September. I know your career break was important but getting life stable with a good idea of income is important.

I definitely would not be moving the kids out of their home at the moment until all divorce and custody is agreed.

iamabitnosey · 17/07/2016 06:57

Has he told you this, or is it a conversation he has had with someone else you could be misinterpreting? I can't imagine how you must be feeling, but that email regarding leaving your daughter and not caring your son was hospital should go some way in ensuring this doesn't happen. Also, what do you think his parents would have to say on the matter? You have said you have a good relationship with them, maybe they need to see how badly he is treating you. If he is playing this game you have to start getting strategic and take the shit for everything he's got.

ConkersDontScareSpiders · 17/07/2016 07:27

He cant take your children from you for more than an absolute maximum of 50% of the time onit-if he goes for 50/50 joint custody.And That's the worst case scenario. Unless you are a massive danger to the kids, and he can prove it, which we, you and he know that of course, you are not. If he thinks the courts decide based on who has the biggest house or whatever, he is sorely mistaken.

What is it that you've seen? You have the solicitor tomorrow yes?

I hope you got some sleep.

ConkersDontScareSpiders · 17/07/2016 07:35

If he wants to introduce the ow to the kids unfortunately
You can't stop him. There is nothing you can do about that Except be there for them when they get home and make sure they are ok. I know this is awful and will make you feel sick.Its one of the hardest things to try and get your head round.But the amount of maintenance he pays isn't dependent on him and you doing a deal about who agrees to what-it's a set amount and that's it.Again if he thinks otherwise he is in for a shock.

You have been the kids primary care giver for the entirety of their lives, even when you were ill. He has more income and more potential to earn in the future.Those are the things that are given credence to as part of the legal process around custody and finance. As such your hand is stronger than you think. I hope your solicitor will confirm that tomorrow.

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