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Separated - what next and when?

  • Shaynes474
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23 Jun 23 #521309 by Shaynes474
Topic started by Shaynes474
Hello
New here.
Been reading along for a while and decided to post.
Separated Feb 2021.
Married in 2012
H moved out and houseshared with friends, then bought own place last year. 2 bed g/f flat.Understand this may be a matrimonial asset.
1 12 y/o of the marriage. I have another child (grown up)
H has 2x private ltd companies and is main shareholder
I have stayed in rented marital home (13+ years now) and tenancy still joint names. H will not relinquish as a guarantor would be required and there is quite frankly, none. cannot afford online guarantor right now. R=£1100pcm, he deposits half into joint acct for our child. That pays the rent and helps. I work f/t (25k + U/C = roughly <£300 pcm but it helps, I can honestly say)
There are shares and assets and pension pots which I know of but have no proof. There have been a lot of sales of private possessions over the last 2 years that have got back to me via friends and contacts - is this disposal of assets to look poor? There are always explanations for this if I have mentioned. I dont think I ever get the truth and it frustrates me.
H thinks flipping a property and giving me a few k next year from equity is sufficient. I'm in W.London property isnt cheap.

Joint PR for our child, unlimited access with flexibility, I never call asking for money in fact my outward independence seems to infuriate H and ends up in crossed words. I have refused bundles of cash that has been offered through cash jobs he does on the side. financial worker if you understand me. good at hiding figures etc.
I just want shot, but want everything done right.

I have requested mediation time and again when there has been attempts to conflict over child arrangements, I have sent message after message requesting divorce, been told 'not doing mediation or solicitors or court, will do a £35 online no fault divorce' and such like. Absolutely fed up with it and want to just move on in my life and draw a big line under this chapter.
How do I broach this whole situation? What next? Pay the wiki fees and get on with it? What do I present to a solictor?

If theres a sticky I should have read do point me in the right directions

Selena.

  • hadenoughnow
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25 Jun 23 #521319 by hadenoughnow
Reply from hadenoughnow
Even if he does not agree to divorce, you can start the no fault divorce process yourself online. There is a court fee of £593. It is always worth checking if fee remission can be claimed.
Financial settlement is separate. You can have a legally binding financial settlement once there is a conditional order in place (previously Decree Nisi).
The first step is to request full financial disclosure perhaps via voluntary completion of a form E. If he refuses, and mediation is rejected or doesn't help, you may need to apply to the court to force disclosure.
You will be able to raise questions about each other's disclosure and require documents that have not been supplied.
The value of matrimonial assets that have been dissipated can be factored in to settlement. The first consideration is need, for housing and income, now and in the future.
It is tricky to pursue income if it is in cash but you will be able to see bank statements, company accounts and pension information etc.
There's lots of information on this site - check out the guides section, search posts etc. Gov.uk is also a useful source of information on the process.
If you need support, try booking a 20 minute call with the helpline consultants and also look at the various services we provide to help litigants in person.

Hadenoughnow

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