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Divorce Help

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Hi,
My husband moved out suddenly 6 months ago after 30 years together. 
He moved into his Mother's and started a new relationship with someone else.
I was left in the family home with my 3 kids .
I started Divorce Proceedings after 5 months as was emotionally overwhelmed and had just started a new job 10 days before he left,so still on probation etc 
He was contributing to half the bills until last month as we had a verbal agreement. 
After an incident at the family home,which resulted in a 999 call and potentially charges of ABH and Crimminal Damage .
He then stopped paying anything and withdrew 26k out of the Mortage Reserve account,as he had worked out that is what he was due in the Divorce Settlement. 
This figure included refunding himself on all household bills etc for the previous 6 months.
What can I do?
I had already submitted my Financial Disclosure Form E,which is completely different now I'm left paying all the bills,including the joint Mortage. 
I have started a claim to the CSA,but told can't be back paid and takes 6 weeks to set up.
I am in the process of getting an Anti Molestation order,so no contact with him at all.
I just want out of this situation with my sanity intact,and hopefully a few pennies left in my life savings.

Please Advise?


Comments

  • MovingForwards
    MovingForwards Posts: 17,149 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    Please urgently contact women's aid and your solicitor as they are best placed to help you through everything.
    Mortgage started 2020, aiming to clear 31/12/2029.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm sorry you are going through this.

    It's correct that the CMS can't backdate but they should calculate from the date your application was received, so even if it takes 6 weeks you should get payments for those 6 weeks. 

    With regard to the Form E - you both have an obligation to provide updating financial disclosure and it's normal for both solicitors to prepare a case summary which usually includes a summary of the assets , for each hearing, so your solicitor should be able t o make sure that the court has accurate information. 

    Talk to your solicitor - it may be possible for you to apply for Maintenance Pending Suit if his actions mean that you can't meet normal day to day outgoings - MPS means he temporarily has to pay spousal maintenance until financial issues are resolved. 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What was the incident? Did it involve you? I'm sorry but it's not clear from the post. Did the 999 call involve him harming you? I think that is necessary information to best advise you. Either way though, you need a solicitor and, if he has behaved aggressively towards you, a non-molestation order. You should report all incidents to the police also. Much love xx
  • Yes I was attacked,potential ABH and crimminal damage
  • My solicitor has started a non molestation order,but he said it could take weeks to get to court.
    The police have not arrested him yet,even though I have provided a statement at the Police Station and a GP report and photos of injuries. 
    Have started a claim through the CSA but received a letter this morning to say they cannot contact him,even though I have given full postal address,N1 number,Mobile Number and Car registration. 
    It's very frustrating as I have no powers to stop him coming to my address,seeing my children in the short term.
    Plus he has not paid a penny since he left so I am financially suffering
  • Lavendyr
    Lavendyr Posts: 2,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    My old neighbour went through a domestic violence support charity and had a non molestation order in place within a couple of days. Try Womens Aid or similar - they may be able to find ways to help you expedite this. 
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It shouldn't take weeks to get an injunction. They can be made on an emergency basis the same day. 
    It sounds as though your solicitor is proposing to make an application on  otice - ask them why they are not applying without notice, which is much faster and means that you can be protected much sooner.

    Once he is arrested, the police may be able to give him bail conditionals to prevent him contacting you or coming to the house. 


    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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