Divorce and Inheritance

NewStart09

The thing is the inheritence is not even from this country if I did get it, I am just so fed up, I am due to move back to the USA in six years, I have to wait as he will not give me permission to take my British children out of the country. So once they are 18 they and I can do what we want.

Like I stated earlier this is a man who has never paid child maintenance and currently refuses to see his own children for visitation.

I owe this solicitor about £600 at this point, and though I have tried to get out of the marriage with nothing, she claims the judge will not allow this, I just want out, like I said my dads death could lead to nothing monetarly but leave me with a solicitor bill, I can not afford.

I think I will try the CAB and see what they say before I talk to her she charges me £40 per hour.

clearingout

If he's not seeing his children, you really want to consider making a Leave to Remove application to the courts if going to the US is what you want (I think that's what it's called, have a bit of a google with it). I know it will cost you but if you think it would be better for all of you that you move and can prove that to a court, it would be worth it, surely?

I'm not sure that you having an inheritence from another country would wash as an excuse as to why you're not declaring it - you can spend money anywhere in the world, after all! I appreciate your frustrations, however, and yes, it's likely a judge wouldn't sign off an Order saying you get nothing at all from the marriage.

Speak to other solicitors and see who will do a free half hour - that might get your questions answered for you. I can see you just want out - very frustrating for you. Hope you get it sorted.

Mojisola

Definitely change solicitors.

NAR

NewStart09 wrote: »

My solicitor is disappointing to say the least, she uses the most expensive way to contact me, by letter, rather than phone or email.

Normal practice I'm sorry to say.

I do not see the letter my husbands solicitors sends nor her replys for that matter, but I get charged for her to read the letters and respond. (I requested this information, and she informed me it is not 'normal practice' for her to disclose this information') I have that in writing from her!

That is rubbish, my solicitor copied nearly all correspondence to me for my input to replies.

Anyway regarding your question non-disclosure could leave the way open for your Ex-to-be to challenge any settlement you reach now. Perhaps better to declare and agree a % split of inheritance, should there be any left in the estate.

NewStart09

Thanks for your many responses, I will speak with the CAB, I am not aware of any inheritence coming my way and it may be sometime before, the probate is finalised.


I am not asking for anything from the divorce financially, I just want out, and it seems that this man, will profit from my fathers death if I did get anything is a right kick in the teeth.

I regret deeply coming here, and the heartache I am now going through just to get out of an extemely abusive relationship, he already has everything financially, the house, everything in it, and his money. Now it seems I must give him a % of a possibly inheritence?

To answer the earlier question - regarding me moving back to my country, I can not show that I have enough money to support my kids financially, he crippled me finanically refusing pay his share of the bills from our last house, what money I had is gone, and he knows this. He has also stated through his solicitor that he will under no circumstances give his permission for me to return to my country with the children.

NewStart09

NAR

NewStart09, sorry I missed this reply last week. Were you given any useful advice by CAB?
Another thing just struck me. I don't know how inheritances work in USA, but would there be any way of you transferring your "share" to your children? That way you could honestly say you will receive no inheritance from your father's will.
Sounds like you have had an awful experience with this man. Hopefully you will be able to move on, so chin up and start singing to yourself "Things, . . . can only get better." :j

GemBlueTopaz1984

Hi NAR,

I don't think she ment regretting coming on to the forum. I think she means moving over from her home country.

Gem

NAR

Hi GBT you are quite correct - I have amended my post.

Rach39

Hi, at the moment you're worrying about something that may not even be an issue! You need to contact the people dealing with your father's Estate and find out if you are a beneficiary - you may already have a good idea of whether you are or not but you need to find out for sure. If you are then you need to address the issue as the fact your dad had assets 'in trust' implies that he had substantial enough assets to want to protect - you need to contact your uncle and find out the terms of the trust and whether you are a beneficiary under that too. Once you know what (if anything) you are likely to inherit you will be in a better position to decide how to make sure your ex doesn't get his mits on it! As another poster said one way to do this would be to execute a 'deed of variation' where anything due to you would instead pass to your children on trust until they reach 18 (with you as trustee) then you really would have nothing to declare. So sorry your legal adviser is being so rubbish - please post back when you've got the initial infor and we'll do our best!!

TonyMMM

NewStart09 wrote: »

I think I will try the CAB and see what they say before I talk to her she charges me £40 per hour.

£40 an hour ......... that is extremely cheap for a solicitor.