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can someone please help me?

  • celosia
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04 Nov 12 #364623 by celosia
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right don''t know where to start but the other day i received my Decree Absolute on friday despite there being no financial settlement between myself and my ex-husband.
it came as a complete shock and i had no knowledge that my ex husband had even applied for it.
i left my husband january 2010 and was homeless with my son i had to sleep on a sofa at my parents as my ex had made some threats and was quite frankly mad. he two months later tragically lost a member of his family who was very wealthy in the region of 800000 was to be split between him and his brother. i halted all proceedings and never asked for child maintenance out of respect for all that he was going through. i started them up again in the september and we had mediation in the november of 2010 he refused to disclose any financial information. we tried to set another appointment but neither myself nor the mediator could pin him down for an appointment. over a period of 12 months i sat down at mediation with him a further two times both times he refused to disclose. all i asked for from him was £20000 from the proceeds from our matrimonial home which had £34000 in equity from the sale and a portion of the inheritance to be put in a co signed account for our son but he wouldn''t disclose the inheritance information. i at this point was now in a position where i was being evicted from the property i was living and he was living in a 3 bed detached no mortgage no rent and with 3 cars on the drive. my solicitor stopped doing legal aid so no solicitor my new solicitor left me high and dry in court with regards to child access and (they told me i had no representation at 10 the morning of my 10am hearing)he has a very good high priced solicitor i have one that doesn''t even return my calls :( do i still have a case against him financially now the absolute is through? and what happens if he marries his new girlfriend before we get anything settled? and what do i do now as i tried to get another solicitor but they said they can''t take me on in the first 6 months after the legal aid certificate has been granted for the solicitors i''m with now.

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04 Nov 12 #364636 by soulruler
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The fact that he obtained an Absolute does not stop you applying for financial remedy but it is odd that you were not asked officially whether you had an objection.

Sounds like the finances are not overly complicated but that your housing situation is now dire. You do not mention what happened regarding the children did he get residence as you were not properly represented and how old are the children and what is their situation now?

If your husband recently got an inheritance is should not be taken into consideration as marital assets and I note you are not asking for that but asking whether he will put someting aside for your son.

Much will depend upon the terms of the will (assuming there was one and if there was it should say who the named beneficiaries are).

I think it pointless trying too hard to ask for that but I am assuming that you are asking for the larger part of the equity of the house as he is the higher earner.

Maybe you should be looking for you to move into the FMH if he can afford rent and there is no rent to pay on the FMH.

What are your respective ages, your earnings, ages of the children, ages of the girlfriend and where is she living at present, how long were you married and are their any other savings (apart from the cars why are there three) and anything else you consider of importance.

With regard to him marrying her at a later date it shouldn''t really make too much difference but might make a court inclined to reconsider the situation of spousal maintenence in your favour should you get a maintenence or nominal maintence award (Clean Breaks hugely preferable).

If you got re-married and had spousal maintenence at that point it would stop.

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04 Nov 12 #364637 by celosia
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i didn''t put all the details as it would''ve made a really long post.
i was rehoused by the council finally but get no help towards rent etc and he does now pay £250 a month child maintenance. my son remains with me and i did stop the ex seeing him for a while as he comes back completely traumatised after seeing him (tells my son all his problems) but we finally came to a resolution i earn £10000 pa he earns £30000 pa he has now bought a 4 bed detatched and has 4 cars my car just got scrapped and had to buy one for £120 just to get my son to school i''m 30 he''s 40 married 5 years together 10 the home we shared was sold with £34000 equity we have received £5000 each because i have needed some just to make ends meet :(

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04 Nov 12 #364639 by celosia
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as soon as he got the inheritance i believe he started to dispose of it he has bought cars and a caravan the house and the rest he handed to his mother :/

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04 Nov 12 #364640 by celosia
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oh and the £24000 left is held in account at his solicitors

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04 Nov 12 #364641 by soulruler
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Was there a will regarding the inheritance and I assume that at present the £24,000 is in a holding account with a solicitor is that correct?

If there is a will from his father it will be public domain so you will be able to get a copy of that and seen when it was written and who the beneficiaries are.

What is the situation regarding where you and son are living now have you managed to stop the eviction? How old is your son?

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04 Nov 12 #364645 by celosia
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£24000 is in a holding account and i had to go to mp to get help to get a council house but got there in the end so we are settled now. my son is 10.
and the beneficiaries as far as i''m aware were just my ex and his brother.
unfortunately don''t talk to ex at all now so no longer think that a cosigned account would work.
the court hearings about my son were stopped only recently as the courts were not favouring my ex too well reduced contact from every weekend down to twice a month at last hearing but he had my son beg me to stop the hearings as he couldn''t afford them anymore my son was so distraught that i agreed and as soon as i did it appears the Absolute was applied for.
it looks like he''s playing a very good game whereas i''m just trying to think of my boy :(

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