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Re: Husband wants us to separate /divorce

by Hopefull » Mon Sep 09, 2024 7:09 pm

Hello again, So things are moving forward and we have finally exchanged our final schedule of deficiencies. There is alot of non disclosure and undisclosed accounts. However, I am posting as I wondered if any one can help me? My husband has disclosed an HSBC letter which he claims is for a savings account. However, I dispute that  it is for the account that he is alleging. The only problem is I am unable to to find out any information about this account. So he has one HSBC account and at the bottom it states the account number and the words REGSAVER so I know this is HSBC 's regular saver account. The other one has the letters RASAv1 and the signatory is based in Malta. I think it could linked to HSBC's Advance account. I have searched HSBC here and HSBC in Malta unsuccessfully. I have spoken to HSBC here , however they are unable to give me any information due to the data protection rules whic h is quite frustrating. So I am wondering whether anyone here knows what the letters might stand for? The signatory specialises in Wealth management in Malta

Re: Husband wants us to separate /divorce

by Hopefull » Wed Aug 21, 2024 12:02 am

Thank you to both Kirstie's Mom and and Vicki W. I will try to DM you. 

Re: Husband wants us to separate /divorce

by Vicki W » Mon Aug 12, 2024 1:06 pm

Hopefull wrote: Tue Aug 06, 2024 4:22 am Thank you @Vicki W for responding. There is no doubt that there was coercive control in our marriage.  I have approached a number of charities. However, the situation is so complex they are unable to assist. I am at a loss as to where to turn now. I have not approached the last two charities you have mentioned and will do so. 
If there any family solicitors/barristers who might be able to give me advice please reach out to me.
Rachel Horman Brown is very good but expensive as a solicitor, Dr Charlotte Proudman is excellent as a family barrister. As to the coercive control not being relevant to financial hearings, I agree that most judges do not take heed of it but they are meant to as part of their duty of care to domestic abuse victims including child victims.  If your looking for an IDVA then Sarah Taylor on twitter is excellent too.  Do not believe that judges normally leave children with mothers, I lost mine 5 years ago to an abuser who lied throughout the trial and despite 25 reports from very senior Domestic Abuse assessors stating 19 year history of abuse which child removal was part of, the judge allowed my child to remain with him after abuser cut all contact between me and her.  I haven't heard from her since. Read Ministry of Justice Harms of Family Court report as it is very clear that judges are openly flouting the law on how they are meant to deal with domestic abuse in favour of fathers.  Also, read up on Practise Directive 12j which lays out what is meant to happen re fact finding to resolve who did what.  I would also read statutory guidance from Domestic Abuse Act 2021 and updated coercive control statutory guidance April 2023 so that you can identify what behaviours are deemed abusive.  I don't say any of this to scare you but so that you can tool up as you are in a war by the sound of it and need appropriate support. Rights of Women are also very good but incredibly difficult to get hold of - it took me 90 phone calls back to back to speak to them. Very happy to speak to you direct if you can ask Nappy Valley to pass on your details to me and I'll phone you.  I probably won't have a magic wand but I have huge amounts of experience dealing with my own coercive controller so can help strategise where to get help and what you might need to get you through this.  
 

Re: Husband wants us to separate /divorce

by Kirstie’s Mom » Mon Aug 12, 2024 9:37 am

Sorry just saw the cohesive control comment - that will have absolutely no influence on the financial outcome . My X was a psychopath who stole from me, took out a second mortgage in my name ( by forging it) stole and pawned my jewellry and lied extensively about his finances through out our marriage - we were still expected to split the assets 50/50 . I visited many Barristers when interviewing one for court and they all said the same thing ‘your husband’s a **** but he is entitled to half ‘ . I was the breadwinner . So cohesive anything will not change the financial split - just hope you get a good judge - I did and he deducted everything my husband stole etc so I ended paying around 25% .

Re: Husband wants us to separate /divorce

by Kirstie’s Mom » Mon Aug 12, 2024 9:30 am

Please check with your lawyer but from recollection you can request info as far back as 5 years with financial disclosure . My divorce was over 13 years ago so I’m a bit fuzzy but I think that is the case . It doesn’t have to be spot on as long as you don’t exclude or hide any major asset .
any marriage over say 7 years ( again I can’t recall exact number) or so usually the division of assets is 50/50 .
Good luck , divorce is horrible and made more so if married to a psychopath as I was .

Re: Husband wants us to separate /divorce

by Hopefull » Tue Aug 06, 2024 4:22 am

Thank you @Vicki W for responding. There is no doubt that there was coercive control in our marriage.  I have approached a number of charities. However, the situation is so complex they are unable to assist. I am at a loss as to where to turn now. I have not approached the last two charities you have mentioned and will do so. 
If there any family solicitors/barristers who might be able to give me advice please reach out to me.

Re: Husband wants us to separate /divorce

by Vicki W » Mon Aug 05, 2024 12:23 pm

Reading your posts you are being subject to coercive control which covers financial and legal abuse.  If you access Surviving Economic Abuse charity they have alot of information about financial/legal abuse.  I would also contact Women's Aid/Refuge and get an IDVA - independent domestic violence advocate to help you assess both your safety and that of your children.  If you havent got a domestic abuse specialist family law solicitor then seek one out if possible.  If not, there are Mackenzie friends that specialise in domestic abuse situations.  There are support groups on line such as thecourtsaid and mothersunited with lots of women in exactly the same situation - check out twitter or facebook for both of the above.

Coercive controllers are incredibly manipulative and lie almost like they breathe.  You really need legal/financial help that understands this.  If you need further information contact me directly and am happy to give you further contacts that might be helpful in your situation.

 

Re: Husband wants us to separate /divorce

by Hopefull » Fri Aug 02, 2024 6:33 am

Good morning. I am currently trying the agree finances with my husband. We have been separated since April 2021 and are now at the financial stage.  I have really struggled during this whole process. However, I wondered if any one could advise me as to how to proceed. We have just exchanged our third and final schedule of deficiencies. Form E is dated 22 March 2022 and I have disclosed all statements from a year before. My husband is now requesting statements going back to 2019. No reason has been given for this. Can I just decline?

Re: Husband wants us to separate /divorce

by pattymy55 » Thu Mar 31, 2022 7:21 pm

Usually, the court is inclined to leave the children with their mother if there are no obstacles. I suggest you get a full-time job to prove in court that you can pay all the expenses and support the children. Also, your husband will have to pay child support.
I recommend that you hire a lawyer and prepare for the divorce process. A friend of mine worked with an attorney from https://temeculadivorce.com and got child custody.
I also recommend you be careful with your husband. He may want to discredit you to make you look like a bad mother in court.

Re: Husband wants us to separate /divorce

by faybian » Mon Jul 12, 2021 9:22 am

Why was the non molestation order granted? What were the grounds? Do you have someone to support you and help you fight your corner? A friend or relative? You need to be able to talk to the police and argue your side of events otherwise they, and other people involved, will only hear his side of the story. Whatever is going on, he is obviously telling them his side of the story and painting a bad picture of you with the intention of getting you out of the house and making you lose custody. If he assaulted you and you did not assault him then it is very important that this is documented. I do not understand how he got the non molestation order granted against you? It sounds like he is trying to build a case in order to circumvent the divorce laws. 

Re: Husband wants us to separate /divorce

by Mum2Girlz » Mon Jul 05, 2021 2:53 pm

https://www.gov.uk/legal-aid

You may be entitled to legal aid, you’ve been the victim of domestic violence and have the police report to back that up, you are also at risk of losing your home.
The citizens advice bureau is always a good place to start, please be sure that you know your rights and get the legal help that you need and may be able to get legal aid for.
Sorry if this is something your barrister has always discussed with you and you’re ineligible for (maybe due to your savings).
I’m not a family lawyer, this is just something I’ve been told.

Re: Husband wants us to separate /divorce

by Guestymcguestface » Mon Jun 28, 2021 8:02 am

Get some more advice.

Most likely he will have to move out and you can stay in the family home until the youngest is 18, all your assets (home snd both rentals) will be considered joint assets and taken into account with how much maintenance he pays you to stay there.

The solicitor can advise you on how police can support you in his move out snd your safety thereafter.

I appreciate it’s heartbreaking (I have been through it) but the freedom and liberty in not being afraid or suspecting what’s going on is enormous.

Good luck and at each stage think ‘what’s the best thing for me and the kids.’ They will thank you.

Re: Husband wants us to separate /divorce

by AbbevilleMummy » Sat Jun 26, 2021 1:11 pm

Sent you a PM

Re: Husband wants us to separate /divorce

by Hopefull » Sat Jun 26, 2021 11:55 am

I have decided to write on my old post  rather than start a new one. I am turning to NVN because I am desperate now. So the update is my husband did not talk divorce again since my last post. I spent weeks waiting for the paper work. Then I spoke to him about it and he said he was too busy at work to think about divorce. Then on the 1st April he brought divorce up and we agreed we would try again starting from scratch i.e dating, getting to know each other again and working our marriage. Then on Friday 2nd it went so horribly wrong with him assaulting me. It was awful and the worst thing was that it was all in front of our son.  He left our home with our son and went to his mother where he is today. I called the police and it was horrific .They seemed to judge me before they even spoke to me so I asked them to leave. A few days later I received an application for Non-molestation Order and Occupation Order. The non mol was granted and the final hearing for the OO is August. My husband is so full of vitriol and hatred . I am unable to speak to him due to the non-mol. I spoke to a barrister last week and it will use all of savings and more  to pay him to represent me. There is so much more information but I just wondered if there was an experienced Family solicitor or barrister here who could talk to me this weekend  as I want to try and settle this before the final hearing?  I am happy to pay  for the time spent with me. I just need to talk to someone who has the legal knowledge .

Re: Husband wants us to separate /divorce

by MumTum » Wed Jan 13, 2021 3:54 pm

You obviously know him, so have reason to believe him or not, but from an outsiders perspective, all the signs are there, especially if even your friends and family suspect he is having an affair.

Of course he is going to say no he isn't, they always do. And when they move someone in within weeks of a split, they will still claim nothing happened until after the separation and it was totally innocent/platonic until that point.
It is a very depressing cliche...

If there hasn't been much active talk from him about splitting in the past, and now the only thing on his mind is getting you out of the house, there is someone waiting to take your place.

Read up about 'spousal abandonment' and see if any of it fits. Men follow an alarmingly predictable pattern when they do it, including the lengths they'll go to to repaint history and also to go out of their way to be nasty and cruel after the split

Wishing you all the best

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