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Female friend getting divorced, question on rights

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Comments

  • Aliktren
    Aliktren Posts: 306 Forumite
    :p Some men :D

    I'm happily married for 13 years and am more in love every day, so not all of us are nasty
  • hobo28
    hobo28 Posts: 1,601 Forumite
    As others have said, she needs to get a solicitor pronto and register an interest in the property to prevent him from selling it.

    Luckily she is married so her interests are well protected. A solicitor will be able to advise but the presumption when divorcing is that all assets are split 50-50 but give she has a young child, she will probably get more than that. Assets include all savings including his pension should he have one.

    In her position now, i'd try to obtain as much information about the household finances as possible. Make copies of bank statements, savings etc.
  • Aliktren
    Aliktren Posts: 306 Forumite
    He removed all the bank statements, shes been through the house and can find nothing, can she get a court order to compel him to produce these ?
  • galvanizersbaby
    galvanizersbaby Posts: 4,676 Forumite
    Aliktren wrote: »
    He removed all the bank statements, shes been through the house and can find nothing, can she get a court order to compel him to produce these ?

    Aliktren - not sure she could get a court order at this stage but she needs legal advice - can you/your wife get her to a solicitor.
    It sounds to me as though this could be very premeditated on her husband's part - has he stated why he wants a divorce?
  • Aliktren
    Aliktren Posts: 306 Forumite
    yeah, got my wife on the phone 3 times now telling her to find a soliciotor PDQ

    Reason : never loved her, felt sorry for her when she was pregnant (his baby) nice guy, huh
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Aliktren wrote: »
    He removed all the bank statements, shes been through the house and can find nothing, can she get a court order to compel him to produce these ?

    I don't think she needs to "go there" just yet. He will be required to disclose his finances, under oath, as part of the divorce process (actually, as part of the Ancillary Relief which is the process that divides the finances).

    And she should further not worry as HE will be required to finance his child's upkeep. And she is more likely to get to stay in the property because of the child, at least until he/she reaches age 18.

    So .... advice/solicitor ASAP. That way, she can take control of the situation which is likely to make her feel a bit more secure, although there are likely to be plenty of games to be played in the future :rolleyes:

    Get her to focus on keeping the roof over her & kiddie's head and getting food on the table and not worry about the bank statements etc. Solicitors are used to all kinds of shenanagins but - as I said earlier - the disclosure of finances is something that is done under oath and carries the same legal weight as a formal statement made to the Court (which it is, albeit made on paper).

    HTH
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • galvanizersbaby
    galvanizersbaby Posts: 4,676 Forumite
    Aliktren wrote: »
    yeah, got my wife on the phone 3 times now telling her to find a soliciotor PDQ

    Reason : never loved her, felt sorry for her when she was pregnant (his baby) nice guy, huh

    LOL :rotfl: sounds like my ex husband!

    If your wife can get her to a solictor that will be her best course of action for now - lucky to have you and your wife concerned for her poor lady - good luck!
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Aliktren wrote: »
    yeah, got my wife on the phone 3 times now telling her to find a soliciotor PDQ

    Reason : never loved her, felt sorry for her when she was pregnant (his baby) nice guy, huh

    In which case he doesn't deserve her and she is better off without. Although, when you're drowned in the shock and anguish of it all, it's difficult to see this.

    She will need emotional support too - she may feel she's failed (which she hasn't) that she could have done more (which wouldn't have made any difference). She's going to miss him, hate him and then miss him some more. It's the worst emotional rollercoaster of a woman's life. In general, men take this with a more "practical" or "logical" frame of mind and can appear to be completely devoid of any feeling or even respect for their former partners. Which simply loads more emotion onto the woman.

    Been there, done that ... and only now after 18 months beginning to come out the other side. Just beginning though .... I still have my slips back into hurt & pain, mourning for what could and should have been. I have to remind myself that my ex simply didn't love me enough to want to make it happen.

    Nuff said, I think.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Loretta
    Loretta Posts: 1,101 Forumite
    Aliktren wrote: »
    :p Some men :D

    I'm happily married for 13 years and am more in love every day, so not all of us are nasty

    Sorry I did mean some men
    Loretta
  • Loretta
    Loretta Posts: 1,101 Forumite
    Aliktren wrote: »
    He removed all the bank statements, shes been through the house and can find nothing, can she get a court order to compel him to produce these ?

    As I have already said he has planned this carefully long be he told her
    Loretta
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