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divorce? help please

spongybobby
spongybobby Posts: 155 Forumite
Hi there. First off this is not for me, this is for a sibiling.

Basically the husband is an !!!! since they have been married, he has run up thousands of pounds worth of dept when she was away on buisness and she has had to bail him out. He does not save any money, and if he tries ... it is spent well before the end of the month.

He is driving her mad with arguments and no ohysical contact.


So she is wanting a divorce, she can find a nicer guy than him and wants to move to another country..

Is it possible to get a divorce without going through the courts?
Shes hoping they can do this on level ground.. so sell the house and split the money.

One thing she is a bit unsure of is, she is the one who has probably put 75% of the financial backing in to their house... is there anyway she can recover this as he husband realy has nit contributed all that much.

Sorry for all the questions but im trying to help her out a bit. Shes a lovely girl... just ashame she is stuck in this position :(
Mortgage free wannabe!
Total mortgage = £106k
Monthly payments = £523
Extra monthly Payments = £500
Total extra paid in 2012 = £500

Comments

  • benb76
    benb76 Posts: 357 Forumite
    Firstly, she can divorce him on the grounds of unreasonable behaviour.

    With regard to going to court, that would depend on whether they can reach an agreement on financial settlement between themselves. This would include agreeing how much of the money, or equity, that she would get with respect to the amount she has put into the house.
  • RAS
    RAS Posts: 36,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    She can download the court papers, fill them in and take them to the court and pay the fees - about £380. Then she needs to file for the absolute (£60ish).

    The problem being that she needs him to sign as well, and to agree the financial settlement.
    If you've have not made a mistake, you've made nothing
  • RAS wrote: »
    She can download the court papers, fill them in and take them to the court and pay the fees - about £380. Then she needs to file for the absolute (£60ish).

    The problem being that she needs him to sign as well, and to agree the financial settlement.
    When I self-divorced my exh, he refused to return the acknowledgement of service back, so I paid for a service processor to serve him with the papers and with the proof that my ex got the papers I could apply for the decree nisi without the need of his co-operation. I got my divorce, but taking him to court for the financial stuff x
  • spongybobby
    spongybobby Posts: 155 Forumite
    thanks for your help so far :).
    Is there anywhere i could point her to get free or cheap ish solicitor / legal help or advice ?
    Mortgage free wannabe!
    Total mortgage = £106k
    Monthly payments = £523
    Extra monthly Payments = £500
    Total extra paid in 2012 = £500
  • Hovel_lady
    Hovel_lady Posts: 4,291 Forumite
    You both might find this helpful...

    http://www.wikivorce.com/divorce/
  • Padstow
    Padstow Posts: 1,040 Forumite
    Hi there. First off this is not for me, this is for a sibiling.

    Basically the husband is an !!!! since they have been married, he has run up thousands of pounds worth of dept when she was away on buisness and she has had to bail him out. He does not save any money, and if he tries ... it is spent well before the end of the month.

    He is driving her mad with arguments and no ohysical contact.


    So she is wanting a divorce, she can find a nicer guy than him and wants to move to another country..

    Is it possible to get a divorce without going through the courts?
    Shes hoping they can do this on level ground.. so sell the house and split the money.

    One thing she is a bit unsure of is, she is the one who has probably put 75% of the financial backing in to their house... is there anyway she can recover this as he husband realy has nit contributed all that much.

    Sorry for all the questions but im trying to help her out a bit. Shes a lovely girl... just ashame she is stuck in this position :(
    As it appears she's a business woman, why are you so concerned? Let her sort it out herself.
  • Padstow
    Padstow Posts: 1,040 Forumite
    Padstow wrote: »
    As it appears she's a business woman, why are you so concerned? Let her sort it out herself.
    "So she is wanting a divorce, she can find a nicer guy than him and wants to move to another country"

    I take it the next one's lined up already then. OP, I would stay out of this, uless you will pick up the crumb.
  • spongybobby
    spongybobby Posts: 155 Forumite
    Thanks for everyones assistance so far.

    Just to clear things up.. she does not have another one lined up.
    She wants a divorce as she is deeply unhappy with the current relationship and its not getting better through talking.. its getting worse.

    She worked abroad for just over a year a few years ago and loved the country and the people. I joined her out there for a few days as a long weekend and i have to agree. Everyone was plesant and it was gorgeous.

    I would try and move my family out there if i could but my daughter is too young for it and mrs SB likes it here in the UK.

    Anywho back on topic. Im trying to help out a sister as its whay your brothers and sisters are supposed to do in time of need isnt it?
    Mortgage free wannabe!
    Total mortgage = £106k
    Monthly payments = £523
    Extra monthly Payments = £500
    Total extra paid in 2012 = £500
  • Padstow
    Padstow Posts: 1,040 Forumite
    Thanks for everyones assistance so far.

    Just to clear things up.. she does not have another one lined up.
    She wants a divorce as she is deeply unhappy with the current relationship and its not getting better through talking.. its getting worse.

    She worked abroad for just over a year a few years ago and loved the country and the people. I joined her out there for a few days as a long weekend and i have to agree. Everyone was plesant and it was gorgeous.

    I would try and move my family out there if i could but my daughter is too young for it and mrs SB likes it here in the UK.

    Anywho back on topic. Im trying to help out a sister as its whay your brothers and sisters are supposed to do in time of need isnt it?
    When you said she could find someone better and live abroad, I took it that she had met that someone.
    Yes of course you want to help, but getting involved between a warring couple is dangerous, because if that help goes wrong or they decide to make up and stay together, it could damage the relationship between you and your sister.
    As I said she is a business woman so isn't of low intelligence or probably financial means. I doubt therefore she would get any public funding and could also sort this herself.

    There is much info missing in your OP, how long the marriage is etc, so it's impossible to say whether she could recoup her 75%.
    Also how did he spend the thousands of pounds? If gambling for instance it could be significant in divorce.

    There is so much help out there, not all of it accurate I might add. If you get advice, Google it to check.

    In your shoes, I would listen and lend a shoulder, but don't give her advice. The worst that could happen is that you and your sister fall out over this.
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