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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

I’m at t he point of walking away from everything in divorce. Please help!

197 replies

Movingon83 · 15/01/2020 13:39

Some opinions please. I’m at a point where im absolutely fed up with my divorce. At the end of the day I win because I’ve left with my life intact a horribly emotionally abusive man.

My lawyer says an occupation order is finally balanced as to whether id win because I left the house with Ds (3). I left by force because he bullied me out. So do I not bother with the order, I really don’t have money to spend especially if not successful.

When I left in Feb my H’s last words were I will make you suffer, you will never get me out. So I know he will drag this out as long as possible because I had the confidence to leave him.

He will never agree on any financial order which leaves me ok financially. He wants 50:50 on the house and to walk away with pension and savings intact. So basically 70/30 in his favour.

Fighting him could cost me everything I have. Is there any point fighting against a narcissist. Do I just walk away with my head high and leave him the money he wants???

OP posts:
Movingon83 · 15/01/2020 19:36

If you know what you need but the other person will never agree no matter the evidence is it either back down or court?

OP posts:
LexMitior · 15/01/2020 19:58

I have been where you are. My ex used all his money against me after o made him leave. There were times when I didn’t eat, when I had to negotiate with the bank to get loans, do a demanding job, look after a child and litigate. It was hell. I had been subject to violence and my spine gave out.

But. I did not give up. I knew that this was all the control I would ever have. Once I let go then he would rebuild within five years with that money I thought wouldn’t matter. My child would be deprived. I knew that despite how vile it was and how low I felt, I had power over him and what he thought of his money. It explained his nastiness and bullying. He got worse, I held on, I went to court. Six times.

Do not give up. Fight like hell. You will regret it far more later if you don’t. If you give in you will be messed about financially for the rest of your time raising children. Do it for your kids. It is their future. Look to the future. I know it hard. But understand you will need this mental toughness now and forever - if you let him not pay his due he will never respect you and you will years of dealing with a man who knows at some point, you will give in, then you will be forever on the back foot. And that is worse than how you feel now.

Techway · 15/01/2020 20:16

Does he have a solicitor? If so what is their approach, how aggressive?

If not they may coach your ex to be reasonable and settle, given court would cost.

If total pot is 200k, what do you need to be housed? If he has higher salary then chances are you would be awarded more equity if he can get a larger mortgage.

I went through court and was emotional and mentally drained so did settle but it was way better than he offered.
How old is your child ? Depending on age and your medically certified health you are likely to be seen as the weaker party so housing needs greater.

A deed of trust doesn't make a difference if there is a reasonable length of marriage and a child involved.

Missarad · 15/01/2020 20:23

Hows about you and ex just agree to sell house and start again.

IM0GEN · 15/01/2020 20:30

@Missarad - how would that work with other marital assets, like his pension and savings, life insurance etc ?

What about the fact that she has taken time out of work to care for their son , therefore limited her earnings now and in the future ? And that if she is the main carer it will affect her career options ?

How would these be fixed by selling the house ? And since he has forced his own young son to move out, why do you think her ex will start being reasonable now ?

Purplewhitelie · 15/01/2020 20:32

Block or if you can’t ignore him and do all correspondence through a solicitor you can be charged at the end out of the final settlement.

How would you feel if he moves in some 20 something bird and she’s living it up on all sorts of holidays while your kids are struggling for money?

Movingon83 · 15/01/2020 21:10

This is the thing I’m so restricted. I can’t work anymore under consultants instructions. (An illness that has been caused by sustained stress over long period) I will be doing the majority of the parenting, whether he agrees or not, he is a weed smoking, angry, slob, idiot of a man. He can continue to work full time in his job. If we sell I’d end up with a lump sum that would disappear on rent, no mortgage capability whilst he can mortgage.

Sounds like I either back down and let him take the majority of the money or I go to court and give that money to lawyers etc. Guess it stops him getting it. I don’t think I would be able to stand and speak in front of him on my own.

OP posts:
TheReef · 15/01/2020 21:28

In your position, I'd take it to court and let a judge decide. They will be fair and take everything into consideration.

TheReef · 15/01/2020 21:29

As for speaking up for yourself, the judge will make it very easy for you. A friend of mine represented herself and the judge was lovely, talked her through the process and made it very easy for her.

Movingon83 · 15/01/2020 21:48

Should I continue with the occupation order or just go to court and stay put for now?

Will they deal with child contact and finances together?

OP posts:
Quartz2208 · 15/01/2020 21:51

Oh OP I think I recognise you now from a namechange (although I could be wrong).

I would go to court - whilst they will deal with them under the same umbrella they are likely to separate them out. I think you need to see this through good luck - what have you got to lose.

12345kbm · 15/01/2020 22:01

OP no one here can answer your questions. In order to properly advise someone would need to know all your details and be cognisant on everything that's happened so far and what's been advised.

You were advised to contact Rights of Women and get legal advice. They are solicitors and barristers trained in DV and the law. They can get the details from you and advise you on where to go from here. It's very frustrating when someone asks for advice, gets advice and doesn't act on it. How are random strangers on MN supposed to give you professional advice specific to your situation?

The only other thing I can advise (that you won't listen to) is to find another solicitor trained in and experienced in DV. Without knowing your situation I am telling you that you will regret giving up at this stage. You have one chance to agree a settlement and you have to fight tooth and nail to get the best deal for yourself and your family. That's my advice for you to ignore.

Movingon83 · 15/01/2020 22:14

Ok I understand and I totally value everyone’s advice.

OP posts:
TorkTorkBam · 15/01/2020 22:19

Go to court. It will make you feel stronger not weaker.

You are used to stbx being all powerful. Judges won't be bullied. They are highly experienced in cutting the likes of him down to size. They've seen it a thousand times before. You'll love seeing him shredded, even if you don't get much money.

aroundtheworldyet · 15/01/2020 22:42

You either both lose the money to lawyers
Or you lose the money and he keeps it.

I know what I would chose.
Anyway @12345kbm
Is spot on and you should take their advice

Jsku · 15/01/2020 22:43

Don’t waste money on trying to agree via solicitors - that will eat up a lot of money and leas nowhere. He won’t settle.
Go to court, and spend money you saved + bit more on a barrister.
You best bet.
And do not give up on getting what’s due to you. At least half of everything, and possibly an occupational order.
Spend the time waiting for the court date to build your case.
Try Woman aid or any other resources?
Good luck!!!!!

RhythimIsRhythim · 15/01/2020 23:06

Here’s my experience. It’s from the perspective of a child whose parent’s had a long, hard fought divorce.

My mum and dad’s divorce took about 7 years to sort. Then the financial aftermath took about the same again to sort out.

My dad was physically and emotionally abusive to my mum. He tried all kinds of intimidation tactics before and during the divorce to get her to go away quietly. From hitting her whilst they were still together to sending a male friend round to “have a word” after they split.

My mum pieced together the legal fees from a combination of Legal Aid at times, money from working when she could, bits of money from friends and family. And a lot of reading up on law for herself and working out what to do.

My dad tried all kinds of things- didn’t pay child support after the first couple of years, went bankrupt (whilst hiding money with his family) so that there would be bankruptcy proceeding over the house as well as a divorce case. All that took over a decade to sort out.

But my mum did end up with some money to live on and a house to live in.

When I was younger I thought she would have been better walking away earlier and just rebuilding her life (she was about your age when they split up). I spoke to her about it when I was in my twenties. She said a few things about it.

Firstly, that sometimes in life you just have to stand your ground even if it means a fight, for your own sanity and self-respect. She also knew he would just find other ways to harass her if she backed down.

Secondly, she knew if she gave up fighting, we would be homeless, as the local council might think she had made herself and me voluntarily homeless, so would be able to refuse to house us (and she wouldn’t have money to buy again). She couldn’t bear to think of me homeless.

And lastly, she said that the only thing that would ever make me heal about my dad abandoning me was if she fought to protect me. That I had to know that I was loved and protected as a child to ever have a real chance at security and happiness later in life. She said she remembered seeing me after my dad stopped contact (same time as he stopped paying child support) and realising what the impact on me was. I was about 7 or 8, I was curled up on my bed, staring at the wall, not even crying, just staring at the wall. She said realised my heart was broken.

So she fought like a lioness. She fought not just my dad but the legal team of a bank. In the end she won. She ended up with money and a house she owned (not the same house, but a house). It made a huge difference to her in retirement- she was able to retire at 60 rather than working later because she had a house. It is so fortunate she had that time, because sadly she died at 67 from breast cancer. She spent her retirement doing the things she loved- drawing, painting, sewing, gardening and cooking. She was so happy.

Every piece of emotional security I have is rooted in what my mum did for me. I would never have been able to trust someone enough to let them in, if I hadn’t seen how trustworthy and loyal and brave people can be from my mum’s example, as well as the darker and weaker example my dad set. Now I am married to a man I love very much.

And to be honest, a lot of the practical security is down to her too. When she died, she left me her house. I would have really struggled to get on the property ladder without that. Now, I’m in my forties and I am unable to work due to illness, so that practical/financial security made my life so much better than it could have been.

So only you know your circumstances. I know my mum had a lot of dark, lonely, weary moments were she nearly stopped fighting. In case this is one of those moments for you, and what you are looking for is encouragement to keep going, I’ll say that I’m glad my mum fought on.

aroundtheworldyet · 15/01/2020 23:17

Christ your father sounds horrific
I’m so glad you had your mum.

Movingon83 · 16/01/2020 07:52

My god, your mum went through so much, she must have been proud and you of her of how she fought for you.

It’s so hard to keep fighting when all you have done for years is fight, even if internally. The last year I’ve been fighting my ex about his son. Little Ds has health issues which are being tested and ex just can’t keep him safe so I finally stopped his access. Breaks my heart because he loves his daddy. Now it’s up to his daddy to fight a bit for him and change. I don’t think he can change, but you never know, if it’s real love for his son he will. In the meantime (apart from pre school cold) I’ve got a massive grip on Ds‘a illness and he is doing so so well. I’ve seen such a change, so it’s been worth it.

I still have access to the house and go when it’s unoccupied to have a look. It’s so bad now. It’s very upsetting to see things damaged and kicked in. What will I end up getting back.

OP posts:
LizzieSiddal · 16/01/2020 08:06

Can you take photos of the house each time you visit- but do not tell Ex. It may prove useful in court- even if it’s just the judge warning him if he damages anything else he will be in trouble.

Sunsetsandmoons · 16/01/2020 08:14

I went to court in a similar situation to you with a man who wouldn’t agree to anything reasonable.

The court process was prolonged and horrendous and cost thousands. The final judgement went in my favour but looking back, I do wonder if it would have been better to have walked away.

Sunsetsandmoons · 16/01/2020 08:15

Tbf have all those telling you to fight been through the process themselves?

MMmomDD · 16/01/2020 09:04

Yes. And I knew I was doing it for my kids. Hard as it was.
Every situation is different and difficult in its own way.
But if it’s the only way you can make sure your child has a home to grow up in - then yes, you pull yourself together and fight. But fight smartly.
Spend money on most important things, do other things yourself. Get all the help you can get from any sources that are available.
Only way to stand up to a bully is by being tough.

Movingon83 · 16/01/2020 09:11

I know Me walking away is what he wants. That is why he is doing what he is doing. But I fear you are all right and it will make him more powerful and he will direct it back at me against something else.
I’ve gone to a lawyer because I can’t get my brain to function. I will get the advice you have given me and find out what bits I can do by myself. I guess it’s about me showing him I won’t be bullied for the rest of my life!

OP posts:
TorkTorkBam · 16/01/2020 09:28

It is about showing YOURSELF you won't be bullied for the rest of your life.

This is part of rebuilding yourself.

Sorry for the SHOUTING but it needs to be said. Your life is about you not him.