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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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My (now ex) husband attacked and assaulted me a number of years

Customer Question

My (now ex) husband attacked and assaulted me a number of years ago (Feb 2001) whilst we were still married and living in England. He's had a long standing affair which I had discovered. Affair was over and we were making a "fresh start" planning to return to Edinburgh to live....we'd lived away because of his work for 8 yrs. However during our talking things over one evening it became verbally heated - which involved him breaking down a bathroom door where I had sought safety to avoid his temper - I received multiple strikes and punches to my head and face resulting in a black eye, and multiple huge bumps to my head and neck (this could be verified by a friend). Next day I couldn't move my head. I never reported this to the police at the time due to our starting afresh.

We relocated to Edinburgh (July 2001) He dumped me and my 6 yr old son the weekend we returned.... but returned every 2 weeks to see his only child. At my son's 7th Birthday party (September 2001), he broke my wrist. This was documented at the time at RIE A&E Edinburgh.

Is there anything retrospectively I can do about this......I feel he got off scott free. He is a businessman with a marvellous international career. When we were divorcing he employed a very good Edinburgh Lawyer - I on the other hand was in the middle of a cancer diagnosis having major radical surgery and had a very uncertain future. I feel my lawyer should have highlighted my personal health, work prospects etc.....but didn't.

I was advised that the 50/50 split was reasonably good - on reflection I think not.

I had very limited funds to take him to court and was advised against it.

I gave up a very good job in 1993 to support my husband in his career at the time to move to the continent where we lived for 4 years (my only child was born during this time). We relocated to England in 1997 - again re. his work.

Had I continued to work, my future would be less uncertain. I would have a good pension. I knew this man for 20 years, married 1986 divorced ..........

Given the foregoing, is there any way under scottish/english law I could do. Im not a vengeful person, but its galling to think at age 54yrs Im working full time as an administrator, earning barely enough to live on.......

My health has suffered as a consequence of cancer over the last 10 years I've had a few different diagnosis since, the most recent involved 5.5 months off work and living of £370 per month! I feel I was short changed, but more than that he got away with assault and injury....what do you think.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

I am sorry to hear of this. However, because of the passage of time it is no longer possible to do very much about it.

Your divorce is finalised so there is nothing that can be done to open up the divorce settlement.

You could have sued him for damages for personal injuries but such an action has to be raised within 3 years of the incident.

You could have gone to the Criminal Injuries Compensation Authority had you reports the issue to the price and claimed within three years.

Happy to discuss further but thirteen years have passed and I regret your are out of time to take any legal remedy against your ex.

I hope this helps. Please leave a positive response so that I am credited for my time.