Divorce

[Vickieburgon]

Hi, me and my husband separated in September 2014 after he cheated, I moved away with my son leaving everything including my job as he was my boss,,I had an email from him in Feb this year saying he had started divorce proceedings which is great,then another email saying he couldn't divorce me unless I agree to being unreasonable which I'm not prepared to do, so it's just been left, he said if I want the divorce on his adultery then I have to pay which I don't have the money as I've recently lost my job because of seizures,he's also going through an iva so now I have the added stress of all our debt coming my way,please help x

[Amethyst]

Re: Divorce

Sounds like he started Divorce proceedings and then found out that we don't have such a thing as no fault divorce in the UK ( yet) so you would have to wait for two years to divorce by mutual consent. If he is that desperate to divorce he could always say he was the unreasonable one. If you aren't in any rush to divorce then you could wait for the 2 years.

Just tagging [MENTION=48934]Debt Camel[/MENTION]; regarding the IVA on your husbands debts,, presumably some were joint debts ?

[Openlaw15]

Re: Divorce

Hi, me and my husband separated in September 2014 after he cheated, I moved away with my son leaving everything including my job as he was my boss,,I had an email from him in Feb this year saying he had started divorce proceedings which is great,then another email saying he couldn't divorce me unless I agree to being unreasonable which I'm not prepared to do, so it's just been left, he said if I want the divorce on his adultery then I have to pay which I don't have the money as I've recently lost my job because of seizures,he's also going through an iva so now I have the added stress of all our debt coming my way,please help x

Hello, Vicky

An IVA means a way for him to negotiate the debts with his creditors, and some of the debts could be written off too. He should, if he hasn't already got one, get an Interim Order possibly, which will stop the creditors coming after his assets whilst he awaits for an IVA yes or no answer. If he is a good businessman he will know this. So, try not to worry. The creditors will likely come after his personal assets, and not yours unless the debts are in both you names (joint and severally, ie both liable for the debt). The creditors may reject the IVA option as it may be worthwhile for them to make him bankrupt.

Normally, a divorce petition costs £550 but in your circumstances as long's you're on income related benefits etc, it's likely it'll be free for you. If he is not made bankrupt, 50% of all of what he owns is yours normally. If he goes/ or is made bankrupt, you will lose what personal assets he has to his creditors. Regardless, whatever he has left after the IVA or bankruptcy, you're still entitled to 50% and you should take his debts (if they're in his own name, and not yours) from his 50%.

NB - removed the presumption of him having a company content as I jumped the gun a tad.

[Debt Camel]

Re: Divorce

,he's also going through an iva so now I have the added stress of all our debt coming my way,please help x

How much joint debt do you have?

How much debt in your your own name?

What benefits are you getting?

Did you jointly own a house with him?

Is he paying child maintenance?

Sorry for all the questions!

[Diana M]

Re: Divorce

me and my husband separated in September 2014 after he cheated, I moved away with my son leaving everything including my job as he was my boss,,I had an email from him in Feb this year saying he had started divorce proceedings which is great,then another email saying he couldn't divorce me unless I agree to being unreasonable which I'm not prepared to do, so it's just been left

Will you have lived apart for two years in September (only a few weeks to go)?

Is he willing to agree to divorce you (and put that in writing)?

May I ask (sorry to sound so indelicate) is your son also his son?

I'm sorry to see you've had health issues, you need to relieve the stress of all this. Let's see if we can help you with that.

Di