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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, i am in the divorce proceedings with my abusive husband

Customer Question

Hi, i am in the divorce proceedings with my abusive husband after a marriage lasting four years. He has not worked for 10 years and has been living on benefits when I met him. I work full time. He got sentenced and now wants a financial settlement via court order. We have no properties, he has gold jewellery and £8000 in the bank. I have nothing but debts. I refuse to pay him anything. Is there anything I need to consider to get him out of my life forever without having to pay?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assets and debts are there and what income do you each have?
Are there any children involved?
Clare
Customer: replied 2 years ago.

We have no children

We have no property.

I have debts of £ 3000 credit card, no savings, a gold bracelet and a gold locket. That is all what I have. I live in a rented accommodation.

The matrimonial home was a housing association flat that was given to him before we married, I was made a joint tenant and had to pay the rent and all the bills, he never contributed.

After the break up I moved out and removed my name from the tenancy

I had to start all over again, buy furniture, as the flat that I found was empty.

I have £ 2700 a month, he lives on benefits and receives a disability allowance as well, he had benefits for a long time and now the rent and everything is paid to him by benefits again. I do not know how much he gets now because there is no contact, restraining order, injunction and 3 month tag plus curfew for him.

He owns heavy gold jewellery, worth probably £ 10000 and has £ 8000 bonds in the bank. He might have gotten rid of that in the meantime, I do not know.

I have fibromyalgia and endometriosis. My illnesses got worse from the stress and PTSD and depression with suicidal thoughts and announcements. I will have to be on medication long term. It seems I will not be able to keep this job and at least have to look for a lower paid job within the next few months - with less responsibilities due to my mental problems resulting from the abuse.

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
What "settlement" does he think he is entitled to?
Clare
Customer: replied 2 years ago.

He wants everything: maintenance, periodical payments, secured provision order, lump sum order, property adjustment order, order under section 24B, 25B, 25C of the Matrimonial Causes Act 1973 = pension sharing/compensation

Kind Regards,

Angelika

Expert:  Clare replied 2 years ago.
HI
Do you mean that he has ticked those boxes on the Petition that you have received?
Clare
Customer: replied 2 years ago.

Yes, he has ticked all the boxes

Expert:  Clare replied 2 years ago.
Hi
At this stage that does NOT mean that he is actually claiming anything at all - to actually apply for the financial issue sto be considered he would have to make a further application to the court
Ticking those boxes simply makes it easier to apply for a Consent Order dismissing all future claims you may have against each other
Given all that you have said it is highly unlikely that you will be ordered to pay him anything at all.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much! That takes some of the stress away as I prepare the form E.

Kind regards,

Angelika

Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare