I really need some objective advice about financial settlement after my divorce.
In 1990 I married my then wife; we lived happily, until a road traffic accident in 2000 affected our relationship, ultimately resulting in the breakdown of the marriage after my ex-wife sought comfort in someone else.
Various allegations, all unsubstantiated, were made against me; I felt I had no option, at the time, but to leave our home in March 2005 and moved back with my parents. This was at a time when I was suffering a set-back in my health, and was all-round a dreadful time in my life.
We have three young boys, aged 7, 11 and 15, whom currently live with their mother in the former marital home; which she now occupies with her new partner and live in child minder. My ex-wife and her partner work full-time.
In 2004 I stopped working part-time, after finishing full-time work in 2002, all as a direct result of my accident. I am unable to work again due to my injuries. I received a financial settlement, which is held within a personal injury trust, managed by trustees.
My income is from Incapacity Benefit. I also receive Housing Benefit and Council Tax Benefit.
My ex-wife instigated the divorce, but has not addressed the ancillary matters, so I am going to start the ball-rolling. I propose negotiation between us to start with, as solicitors’ costs are expensive.
Will my ex-wife have any right to capital held in the personal injury trust, where I am named as a beneficiary? And would I have any right to equity in the former home, which is quite substantial.
Usually all his/her/joint assets form the matrimonial 'pot' and the starting point for division is 50:50 unless there is good reason to diverge from this. Your specific needs are a good reason. In fact there may be a case to ringfence your personal injury trust from the rest of the matrimonial assets then divide the pot to accoount for this. It would be a good idea to consult a lawyer before entering negotiations to explore your options and find where you stand even if you then decided you could manage on your own.
Edited: accoount??? That's the effect of having lived in Scotland too long!
Help my husband is telling me that i have to go through the C.S.A to get any money out of him we agreed when i threw him out last year he said he would give me a certain amount. He did keep to that until just recently until he met and moved in with a woman within ten days of meeting her and says he has got less money to live on than he did before. I have got the same bills as before plus i gave up my life to be with him when he ran away ten years ago and i found him. We have two children the youngest being only nine. It doesn't stop him and his new partner going away weekends. I'm really struggling now to make ends meet.