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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My abusive ex has applied to the high court.

Customer Question

My abusive ex has applied for divorce to the high court.
He put in his petition that he pays 1000 maintainence a month znd that I do not financially contribute. We have our home and four other properties..some in joint ownership. My ex is living with my cousins best friend and using my mother's sister as his accountant.
My solicitor advised me to sign the petition get the divorce on the road..and she said the issues in relation to child maintainence etc were discussed with my ex's solicitor and they mutually agreed that this would be discussed at ancillary..
I'm concerned that my ex may have paid my solicitor off.
Something is not right. I'm told that it will be a 50:50 divorce as there is no such thing as blame any more. My solicitor is making my ex pay for the divorce bit has quoted me 10 000 for ancillary.
I'm thinking of getting a second opinion. I emailed my solicitor to say I felt it wrong signing information that was not true. Please help
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
My solicitor advised that it was important to get the divorce out of the way as it had nothing to do with properties or maintainence. The issues in relation to untruths on the petition she says will be dealt with at ancillary. But I have not signed my ex's petition to divorce me and it has lies on it. I'm worried if he is shown to have more financial input (but doesnt) then he may be entitled to more outcome. I have four kids..only one under 18. They never stay with their dad. I have had a Mirac done on my safety and my kids are deemed at risk from my ex physically by social services. I'm a professional but currently out of work and have ptsd
Customer: replied 2 years ago.
Sorry..I have signed a petition that states he gives me 1000 maintainence a month..and I do not financially contribute. This is lies. I cannot understand why my solicitor advised me to sign this
Customer: replied 2 years ago.
The petition is two years separation.The properties are complicated as one may have been remortgaged without my consent from 35 to 100 000. Other properties are with my cousins..and he has them on his with their best friend.I need to know if him stating he gives me 1000 a month weakens what I get out of the divorce...I have no idea if all will be sold .and maybe this gives him a more beneficial outcome
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
In relation to the divorce petition, if he is applying under two year separation by consent then he should not be stating any unreasonable behaviour in the petition and all that needs to accompany the petition is a signed consent form by you agreeing to the two years separation. You should therefore request that all other issues listed in the statement of case be removed as this is not required when applying under two years separation.
In relation to the finances, the abuse and unreasonable behaviour does not usually get taken into account when deciding on how assets should be split, unless there was financial abuse. Given that you have a child under 18 the division may not necessarily be 50:50. In any event, you would need to both complete a Form E and disclose the required financial documents to ascertain your full financial positions before being able to commence negotiations regarding the finances. The court will take into account the criteria below when deciding how assets should be divided between you both:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating. Thank you!