divorce settlement

Hi Ihad an arranged marriage in 1989. Ihad suffered years of domestic abuse till in 2004 i left with nothing. Ileft with just my daughter at that time. My Ex is a very wealthy business man who has everything in trust by his family members. Iam an asian by the way. He hasnt paid any money for his daughter in the last 5 years. I believe that the white lawyers dont fully understand the impact it has had on me mentally. Is there anybody out there that may be able to point me in the right direction?

Does your ex live in England? Are you actually divorced yet?

Hi there
Yes he is a uk resident!!! NO! Not divorced yet only decree nici which i had in Jan 2004. His family members are also part of my procedings. x

Hi,
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It probably would help if you found an Asian lawyer, there are plenty of good one's out there. Don't expect his lawyer no matter what colour to be 'understanding' of the mental anguish that you have suffered, it does not enter into the equation. Their job is to do the best for their client, your ex-husband. If the lawyer you have is telling you here is the limits of what you should expect to get then I would expect they are doing so based on best legal opinion recognising that there is no special treatment for 'arranged marriages' in terms of financial settlement.

In terms of not receiving any child support for the child, the remedy is the CSA. Again, they will not be in a position to make any decision outside of the normal rules. Why have you not applied to them already?

Hi,

Just a few notes on my own experiences working within the law.

In Asian businesses It is fairly typical for there to be several generations to be employed as directors in unequal shares. As directors there will be nominal salaries, dividends and directors loan accounts. All of this makes sorting the finances out problematical. Depending upon the size of the company a forensic accountancy report may be required to assess the husband's true share of the company.

The situation described suggests that the family has intervened in proceedings possibly as you are making a claim for the matrimonial home that, it turns out, is not owned solely by your husband. There are definitive ways to deal with this situation but it does involve obtaining the necessary evidence as quickly as possible to ensure records remain available. A Solicitor can sort this out and will know the right questions to ask of the relevant parties.

Seek legal advice from a good lawyer, Asian or not, and apply to the CSA without delay. The CSA can only start collecting when the application is made. Once the assessment is complete the payments are back dated to around the date of application. If your ex lies or misrepresents his earnings the CSA can revisit calculations at a later date. You should also not allow pressure to be placed upon you – give instructions only to your solicitor and do not make agreements with members of his family or third parties appointed by his family to ‘mediate’. There are government sponsored mediation schemes which are totally impartial and which your Solicitor can advice you on. If you are unable to afford a Solicitor go to the Citizens Advice Bureau who have qualified legal advisors which will give free advice.