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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

Leaving after less than one year of marriage

63 replies

Whattodo921 · 19/01/2020 09:41

This morning I made the unfortunate discovery that my husband would never change. I feel like some of this is my own fault, as I did know what type of person I was marrying. We have a 4yo DD together.

Throughout our relationship he has had episodes of cheating or attempting to cheat, and those are only the times I knew of. I forgave him for circumstantial reasons, his DM had passed away, he was depressed, he started an affair with his ex after seeing her again at his DM funeral which lasted 8 months, and I stupidly forgave because my own DM had been diagnosed with a terminal illness (she passed 6 months later) and I did not want to be alone. And of course I didn’t want to break up the family for DD.

Things have been ok for a while but not great. He has periods of drinking heavily and becoming vile and is currently not drinking. If I go anywhere with my DD, he does not want to come and always chooses to stay at home. He’s recently been picking at little things in mine and DDs behaviour.

Early this morning he came home after a night out with friends, I was still awake when he got home and he refused to come up to bed with me, saying he wanted a coffee. I’ve seen this behaviour before and did suspect him. When I came downstairs this morning he had left this phone on the side which he never does so he had obviously been very drunk.

On his phone or messages to a woman he met last night saying she is beautiful and she wants to know her, he’s also looked up anal and sites for shagging women - classy. This morning is the straw that’s broken the camels back, and I’m upset because I’m not upset that he’s done this. After everything I’m mentally just done.

My question now is how to prepare practically for this split, as I don’t want to turn my daughters world upside down. I have screenshots of everything he has done over the years, so there will be no denials.

In terms of living we rent and have no savings. I am due a large sum from my mum later this year and will be able to use this to get back on my feet. I would like to protect this if I can.

I’m told I will be eligible to claim as a single person but I have never claimed any benefit (apart from child benefit) so do not know the system at all. I work full time.

I already do all pick ups and drop offs for DD at school, run the house etc. So I know I can manage this.

I’m just want to get this right for DD so she isn’t affected more than what she needs to be.

I’m a little sad, and feeling lost not knowing where to start and how to take my life back.

If anyone could offer any advice I’d be grateful

OP posts:
Ss770640 · 20/01/2020 19:34

Talk to a lawyer so you protect the money you are about to receive.

In Scotland, this means not living together.

Make sure it is set legally, so when you receive the money it is not claimable via marriage.

If it was me, I'd move out just to set the date in legal stone. But this depends on your ability to do so.

Techway · 20/01/2020 19:46

Get hold of your marriage cert as necessary for divorce but you cannot usually file for divorce in the first year. When did you marry?

Does he know about the settlement? Is there a solicitor dealing with this who might be able to advise on timing of award.

Your H will have to pay CMS so you can work out amount through CMS calculator.

AlexanderHalexander · 20/01/2020 19:51

Hugs Op, you are definitely doing the right thing.

Whose name is on the lease?

12345kbm · 20/01/2020 20:09

You might find this useful OP: www.citizensadvice.org.uk/family/ending-a-relationship/

Gingerbread can advise you on child maintenance, benefits, child contact etc www.gingerbread.org.uk/

The Family Law Panel have solicitors who have a free initial hour, and lower fees for those earning under a certain bracket. Some also have free legal clinics.

Go to your local GUM and get an STD check.

Missarad · 20/01/2020 20:40

Get rid and min money comes put deposit down on a house for u and daughter

waytheleaveswork · 20/01/2020 20:50

You sound really sensible and level headed.

I agree with previous posters - pay for a solicitor if you can. I paid 3k and I still feel it was worth every penny.

Best of luck OP. You're not a fool for trying to give your daughter a sense of stability, and she will have even more stability with a happy mother.

HollowTalk · 20/01/2020 20:56

What would I do? Wait for that inheritance and use it to finance your onward move,

That is really bad advice. If she splits up now and files for divorce, then the money will arrive later and she won't have to split it with him, whereas if she waits until the money comes in then he can try to have a share.

I'm so sorry you lost your mum, OP, and in such a terrible way. Find your strength from her and get away from this man.

OVienna · 20/01/2020 21:02

Get rid of him before the money comes through, is my advice. You are doing the right thing. All the very best to you and your daughter.

TheHagOnTheHill · 21/01/2020 00:24

The sooner you start the divorce,unreasonable behaviour,the better.Exhs mum died while we were divorcing and because we had seperated I was not entitled to any of this inheritance.
It sounds cold but if you are going to do it and this money would help a great deal make sure it is safe even if it means a sibling holding it for you.

Nifflernancy · 21/01/2020 00:29

Sorry if already been said, but have you got copies/originals of all important documentation, your child’s passport, birth certificate, rental agreement, copies of bank statements or any other financial documents...?

MooseBeTimeForSummer · 21/01/2020 01:07

You won’t be able to issue proceedings until you’ve been married for a year. Nothing to stop you separating though.

LadyB49 · 21/01/2020 01:25

're divorce.....
You can officially separate and get yourself sorted, then file for divorce after two years apart on grounds of irreconcilable differences. That's what I did, it's easy and straightforward.

Or you can separate and file for divorce immediately on grounds of unreasonable behaviour. This usually costs more and can get a bit fraught, unless dh agrees on the unreasonable behaviour..

LadyB49 · 21/01/2020 01:28

Oops....file for divorce i!immediately, once you've been married for one year.

yesterdaystotalsteps123 · 21/01/2020 08:24

If you can get him to leave, separate officially before starting the divorce, this is relevant. My solicitor wanted to know how long we had cohabited before marriage and the date he left (which like you was before we'd been married a year).

Whattodo921 · 26/01/2020 16:01

To update, I’ve had car troubles this weekend and this has swallowed the money I had for the solicitor next week, I’m absolutely gutted. I was getting stressed as DH kept suggesting we get a new one, I said I couldn’t afford it and he kept offering to contribute resulting in me snapping and telling him that I know what he did and we can’t get a car together. It was a quiet and short conversation as DD is in the house. Awkward silence until bedtime it is...

OP posts:
12345kbm · 26/01/2020 16:26

OP you can't divorce until you've been together for a year. You can get a legal separation agreement. You can find details of how to go about doing that here

You don't need a solicitor to get started on this and I've already given you the Gingerbread details above so you can make enquires on benefits, maintenance etc You will need a solicitor to finalise the arrangements by making it into a 'consent order'.

Opentooffers · 26/01/2020 16:56

As a single mum if you earn less than about £28000, you can get working tax credits and also towards childcare. Also a reduction in council tax as sole adult occupancy. A lot or solicitors used to do a free half hour, not sure if this still applies.

CakeWarrior · 26/01/2020 17:02

Most solicitors offer a free initial consultation, i can recommend a fantastic one but depends where in the country you are. If your in shropshire pm me xx

cabbageking · 26/01/2020 17:06

A solicitor should not see you with under a years marriage. Make an appointment the day after you year is up.

Whattodo921 · 04/09/2020 19:52

I’m back after an awkward and painful 8 months and looking for a handhold. I asked my husband to move out in February and he said no.. then covid happened and he used this as an excuse to stay. There has been no intimacy between us and I have given him no false impressions or hope, he has been alternating between sulking and acting like nothing has happened and is avoiding all conversation about our relationship. His presence is now giving me anxiety and I dread spending time alone with him when DD is in bed. Today he has sulked at me because I turn away when he tries to kiss me and I feel that now enough is enough. As much as he has hurt me I do want him to be happy and healthy and I hope he values time with DD when we are apart rather than snapping at her like he does currently. He has options for where he can go, both with family and 5 minutes away, both were aware of the situation and said he could stay when I initially asked him to go and he refused.

I don’t know how to approach this and I’m absolutely terrified. It’s been a long and stressful 8 months of avoiding the subject.

OP posts:
cantarina · 04/09/2020 20:57

Tell him it's over and you both need to work out the logistics of separation.

In the end, if he won't go, you need to. Hopefully you have worked out what your financial situation will be when you separate. Give notice to your landlord if the tenancy is in your name or joint, look for somewhere else to live.

Start your divorce process.

goody2shooz · 04/09/2020 21:19

So pleased to hear you’re getting things moving! Have you got your birth and marriage certificates and your daughter’s birth certificate stashed somewhere safe? Passport and bank stuff? Otherwise yes see about benefits and whatever you’re entitled to asap. The sooner the two of you are free of him the better 💐

MrsPerfect12 · 04/09/2020 21:42

I had a similar situation with an ex where he wouldn't leave so I did in the end. Best thing I've ever done. Please start looking into rentals ASAP. Your daughter will be picking up on the atmosphere. Flowers

RB68 · 04/09/2020 22:13

With such a short marriage and the money not yet being in your hands he will have no claim on it and no one should be telling you otherwise - you need a good lawyer to get the divorce through asap, personally I would look at annulment as well ie to a state where the marriage never existed - he clearly did not go into it with the mindset of committing to the relationship so if it was a church do this might also be an option. I would make sure you know all his basic details so employment and salary, bank details, pension and have your daughters and your birth cert and marriage cert plus any passports. Personally if I were in this situation I would rent a small storage unit and start moving personal effects to this (photos, clothes in storage, toys, larger toys, shoes etc) so that when you go the stuff is more basic ie clothes etc

RB68 · 04/09/2020 22:14

oh and make sure you have a bank account in your own name before you go - difficult to sort in a refuge or none permanent address so sorrt now