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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

What happens legally in a separation???

13 replies

nannyjo · 02/06/2008 18:28

Divorce can't be given till 2 years separation but what happens for those 2 years?? Housing, finances etc and more importantly Kids.

I know DH will make things very hard if we go down this route so evrything will have to be done 'by the book' and not just amicably to make life easier for the kids.

We've got 3 kids (very young) so I don't work, have no source of income so I'm at the stage where we are here just because there is no where else to go IYSWIM.

Any advice would be greatly appreciated, thank you v.much.

OP posts:
ambercat · 02/06/2008 18:38

Not sure nannyjo but i am in a similar position. h has moved out and says he will keep paying bills etc but for how long??!!

Am seeing a soliciter in a couple of weeks.

Hope someone comes along who can help you.

nannyjo · 02/06/2008 18:42

My H's response is 'you're not going to get me out of my house, I pay the bills and you're not getting a penny from me' which is why i know I will only get what I am legally entitled to

OP posts:
Freckle · 02/06/2008 18:50

If things are going to be that difficult, I would seriously think about consulting a solicitor as to whether you have sufficient grounds to issue divorce proceedings on the grounds of unreasonable behaviour.

nannyjo · 02/06/2008 19:06

I told my husband that was thr route i thought we would have to take his response was 'oh I;m unreasonable...you're the one that shouts and argues all the time' Which I do unfortunatey but so does he??? I think we'd go round and round in circles. To avoid that I was hoping a separation would be 'sortoutable' legally but not sure if they are even a legal thing???

OP posts:
nannyjo · 02/06/2008 19:08

Also when I contact a soliciter do I pay out right from that conversation??? I don't know how I would be able to do that and what rough kind of figures we are talking about. (I have a atereotype image of every conversation coating loads of money and the final figure being thousands each. I'd love to avoid that as that could be money to invest in our childrens future (as there isn't much money to use anyway) but I'm not sure that is possible?

OP posts:
lou33 · 02/06/2008 19:24

you should be able to claim benefits, and if you do, then you will probably be legally aided for your divorce, though not all solicitors do legal aid

nannyjo · 02/06/2008 19:27

so who do i contact first? Should I call legal aid and explain all to them about the situation I am in and they'll point me in the right direction?

OP posts:
lou33 · 02/06/2008 19:33

i would look for a solicitor specialising in family law, that is also legally aided, call them and explain you are applying for benefits as you are without income

also call ctc and the benefits agency, apply for income support etc

nannyjo · 02/06/2008 19:36

it all sounds so confusing. Who is ctc, what are the details for the benefits agency? Sorry I have always left any paper work office type stuff to H before now. I usually even avoid official phone calls Time to get myself organised I think.

OP posts:
lou33 · 02/06/2008 19:43

ctc = child tax credits

benefits agency will be the guys to google for applying re income support, and asking if there is anything else you are entitled to

nannyjo · 02/06/2008 19:44

thnk you for your help. x

OP posts:
lou33 · 02/06/2008 19:46

if you are entitled to income support, you will get legal aid, and also you will have council tax/rent paid

unhappychick · 05/06/2008 12:21

nannyjo, you can enter into a legally binding separation agreement that would be negotiated between you - I would definitely use a solicitor. You could try Citizens Advice for help with how to go about it.

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