Help needed divorced 2 years ago

russiangirl121

Hello everyone

I'm in a bad situation due to my past choices..

I met my ex husband in 2003 in Latvia and we married. He had already been living in the uk. I then moved here to join him. I became pregnant and he brought a house in 2004. I gave birth later the same year. We had a second child 3 years later. I was a housewife and he worked.

We had serious problems from around 2013 including police coming to the house etc. As it was his house the police told me to leave etc. Also I was arrested for assaulting him but not charged as I didn't touch him. He actually hit me but we didn't go down that route. I didn't know about my rights and he said I have none. As he brought the house and paid bills. After 10 years marriage he offered me £15k to settle and I was desperate as I needed to rent a flat for me and the two kids. I took the money and signed a paper which said I agree to take the money and nothing else. There was no solicitor involved when I signed.

Since 2014 he pays me very small money every month and now I'm really struggling. Our divorce went through 2 years (divorced in Latvia) ago and now I have been reading I should have claimed as it was our family home. Whenever I say I'm struggling he said well it was my choice to leave. He is Impossible to talk to. Now I had another child with someone else but I don't think this is relevant. I'm worried for my two girls as when he remarries and has kids they will be left out as he has no time for them already.

Am I wasting my time or could I make a claim as I was unaware of the law here. The two girls from the marriage were born here in the uk. We have all lived here since 2003.

Money_saving_maniac

I don't know. You need to see a solicitor who specialises in divorce (because it is about a divorce settlement even though you are divorced already) and tell them the full story and give them a copy of the document you signed plus the divorce papers (all translated). You can get a very cheap inital meeting to discuss the case.

hollydays

The police were called. Who called the police?
He hit you on another occasion ? Could I ask , why it was not possible to,report this?

You had serious problems, how safe did you feel?

pphillips

Unfortunately ignorance of the law is no excuse and unless he made a dishonest financial disclosure or you were made to sign under duress, a judge is unlikely to want to tamper with a private arrangement - particularly if it is in the form of a contractual document.

You should however get him to pay child support and the contact details for the Child Maintenance Service are available on their website https://www.gov.uk/child-maintenance/contact .

It might also be worth checking if you qualify for any social security benefits, you can do this online through https://www.gov.uk/benefits-calculators .

hollydays

pphillips wrote: »

Unfortunately ignorance of the law is no excuse and unless he made a dishonest financial disclosure or you were made to sign under duress, a judge is unlikely to want to tamper with a private arrangement - particularly if it is in the form of a contractual document.

You should however get him to pay child support and the contact details for the Child Maintenance Service are available on their website https://www.gov.uk/child-maintenance/contact .

It might also be worth checking if you qualify for any social security benefits, you can do this online through https://www.gov.uk/benefits-calculators .

It's possible there was duress. HE told her she had no rights .
There could have been domestic violence here.

russiangirl121

The document was something he just printed off. Yes he abused me for years and was cheating. I really didn't know the law. I am in a 2 bedroom house suffering while he is in a 4 bedroom house which we brought when married With his new girlfriend.

I know if I start anything he will go mad with anger.

pphillips

As he was abusing you then its arguable that you were under duress. If you want to go for more money then you will have to take him to court using Form A https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf .
There is a court fee to pay unless you qualify for fee exemption: https://www.gov.uk/get-help-with-court-fees

russiangirl121

He kicked me out in the end with his two very young kids. I really had no help as I had no friends or family here. I felt I had no option but to take the 15k and make a new home for me and the kids.

Caz3121

how much was the equity in the property when this happened?

FBaby

You might have a case. Problem is at this point there is no guarantee. If you are going to do so on the basis of having signed under duress due to abuse, you might have to consider you defense if indeed, there is a record with the police of you abusing him.

The problem is that you could win, or you could not. You could find a solicitor prepared to take your case for free, but most likely you won't. How will you get the funds to take him to court?

TBagpuss

OK, there are a few complicating factors but as I understand it, there has been no formal legal order dealing wit h financial side of things, either here or in Latvia? If that is the case, then yes, you can make a financial claim.

Becuase the divorce was in Latvia, you would have to make an application to (in effect) ask the court in the UK to accept that it is appropriate to deal with the finances here. Given that you both live here, the proprty is here, I think you should be able to do so but you should make sure that any solicitor you see is familiar with this process.

If the court accepts the application, then they will aim to reach a financial settlement which is fair to both of you, raking into account all the relevant circumstances. Those would include the fact that you signed the house over to him and accepted a lump sum, but the court will also be entitled to consider the fact that you didn't have any advice at the time and (potentially) the balance of power between you at that time)

They will also look at the position that each of you is in now, and what assets you each currently have. So the fact that you have a new partner is potentially relevant as it changes your financial needs (I assume you have not remarried? If you have, then you probably cannot apply to a court)