I am really REALLY happy with my solicitor. It’s lucky really because this is one of only two firms in my local area who deal with family law AND accept legal aid, so I didn’t have many options open to me! Seriously it’s like trying to find an NHS dentist! Sooo it’s a good thing that as soon as she came down to the reception area to meet me – I knew I would like her.
She had a friendly and approachable “look” and happily answered all of my questions about whether she was a qualified solicitor, her area of speciality, how long she had been practicing etc. I told her from the get go that STBX and I were fairly amicable and that we wanted it over as cleany as possible. I told her neither of us were bad people – we just didn’t want to be married anymore! I told her briefly about my affair even though STBX can’t use it because of how long ago it was … I needed to lay it all on the table for her. I told her he has a forces pension and that I don’t want a penny of it (I’m entitled to half) but that although I really want to stay amicable … it’s a bargaining chip should he decide to get shitty! We talked briefly about his other assets – his motorbike etc, and again I said I didn’t want a penny of any of it.
I took a copy of our mortgage statement and a valuation from the estate agent (she was very impressed!) LOL so she knows there was very little equity in the property. I explained I had agreed to move out, we’d agreed I would have custody, agreed on maintenance and that the house would be sold and any equity split 50/50!
From what she said based on what I told her and the supporting documents I took with me – it should be a fairly straightforward divorce because I am pretty much asking for umm nothing other than the 50p I’ll have from this house when it’s sold! I also gave her a written copy of my “explanations of unreasonable behaviour” and obviously she will have to re-write it in “legalese” – but nothing should be of any surprise to STBX. It was however a pleasant surprise to the solicitor!!
My solicitor talked to me about “spousal maintenance” and again I told her I didn’t want a penny. This is basically money that the higher earner has to pay to the lower earner in order to “keep them in the manner to which they have become accustomed” etc blah blah. I don’t want it. Not interested. My ex-husband shouldn’t have to support ME. His children yes, but me – no. Leaving is my choice …. I don’t expect him to pay for me. *I* will pay for me!
She did however say about something called a “nominal maintenance order” which leaves the door open for a period of time yet to be decided (usually till the youngest is 18) where it means that should my circumstances degrade (down to no fault of my own) beyond my control and that I need more financial support, then it gives me a window to make a claim for higher maintenance payments.
I wasn’t sure about this – purely because I knew that STBX would get shitty about it, but she reassured me that the courts LIKE to see this sort of thing in place because it shows both parties are amicable and that he can set caps and limits on it if he wants to … and that it is income based, so I could never make demands for things he doesn’t have.
The thing is – I don’t actually want ANYTHING from him. I’d even be happy to have my name taken off the mortgage in return for a decent sized estate car and a washing machine (delivered and plummed in!)
It’s something you simply cannot predict! Am I better off getting out of the mortgage now and going for a completely fresh start and leaving STBX to deal with the house? It would save me having to help out with re-decorating it for sale and get me totally out of the mortgage should the house end up in negative equity if he gets depressed or defaults on mortgage payments …
*******
Interlude for a short break because STBX came downstairs early so inevitably it resulted in arguments. I suggested him removing me from the mortgage and INSTANTLY he got shitty with me. I can’t believe it … the more amicable I try to be – the more defensive and shitty he gets! I basically offered him the frigging house on a plate and he starts on about what would happen if the house goes up by £50K and I start asking him for cash!!!
I had even told him that I didn’t want a penny – take me off the mortgage and have the bloody house and he still doesn’t bloody well listen. Jeeeeeeeeez I just want to be divorced! I don’t want anything other than what is actually mine – and to walk free as a single woman.
And he argues with me about it?
It’s getting to the point that I cannot stand to even be in the same room as him. Is he being an asshole on purpose or what?!

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