Okay, history. Got together with Jackie in 1978, married in '81. We split in August 2001, for various reasons, in large part due to my severe clinical depression. In the past, I had supported Jackie through college, and she had done the same for me later. We had both been earning virtually identical salaries - except in our last months together, when Jackie was sacked from her job for minor financial fiddling (expenses in wrong category, rather than anything to benefit herself). She was offered another comparable job, but when we split she chose to move away from the area, to live very near another man - she rented what she says is a nice house by a river, in Surrey. She had no job at the time, but started another one a while later. We had bought this house I'm in now in 2000, on our joint salaries. I couldn't have got a mortgage so big on my own.
Jackie chose to move out. She wanted the car, and that made practical sense, so I said yes. There were certain things of incalculable personal value. She wanted them so much she said she'd give up everything else for them, and I let her have them. There were other things she wanted too, and she made the point that she wasn't taking that much, so I let her have all of that as well. Soon after we separated, she said she was struggling for money. I took out a loan so as to give her £5k immediately, knowing that there was more to split. This left me with very tight finances indeed.
She used that money to hire lawyers. She had been uninterested in negotiating, and then said I was unwilling to negotiate (I have emails proving my version of this). I had offered a formula based on however much we could raise selling the house, plus other factors like legal and conveyancing costs, paying off mortgages and joint loans, pensions and so forth. Her side came back with a counter offer which I accepted. Her solicitors drew up the agreement, which I signed. By this point, we had a buyer for the house at the agreed price, and I had a place to buy, and had spent money on solicitors, searches, survey and the like.
Just before the deal went through last Autumn, I was told that the court had rejected the settlement as unfair to Jackie, in the circumstances. I was told (the first I'd heard this) that she had had to give up work because of illness. I've asked repeatedly, but no one will tell me what the problem is. I proposed that we have the sale go through, give Jackie the agreed amount (that she had proposed), and once I was in a less costly place, with debts paid off, we could sort out any adjustment necessary. She responded that she would only approve the sale if I could give her thousands more as her share immediately. That would make my purchase impossible, so that wasn't on.
Since then, she has been applying for legal aid and has changed lawyers, so has had to wait for them to get the papers. I have had to continue in a place I can barely afford, and my finances are deteriorating. Today I received a letter that includes the following: "in light of time taken to resolve matters so far, we are instructed to issue a formal application for anciliary relief. You will therefore receive a timetable directly from the court shortly."
Jackie declined to discuss the settlement repeatedly for five months, until 1/02. She then decided to use lawyers. We negotiated, and I put the house on the market last Easter. It took a while to sort everything through, and for me to find somewhere to go (one place fell through after my offer had been accepted), but I was ready to move months ago, when Jackie's side brought things to a halt and refused to let the sale go through. This has been the situation for over three months. I did give her £5k, before any agreement was reached.
Does this mean that I am expected to pay maintenance? I have a growing overdraft and credit card debts, and less coming in than going out. This would not be the case if I were in a cheaper place after paying off the debts - I wasn't worried last year, because I was always expecting to move very soon.
I've avoided hiring solicitors so far. I was told ages ago that it would cost me £2-3k (it might be more now things have become more complicated), and I don't have it. However, I guess they might wait to take it out of house sale proceeds, and maybe I can't afford not to take on lawyers now.
Also, how does an illness apparently begun over a year after we separated mean that she is entitled to a bigger share of the joint goods? If I get ill too, does she have to give some of that back? If she restarts work after the settlement, do I get some back? Where is the sense in any of that? In fact, due to depression, I've missed loads of time off work, to the point of final warnings and clear maximums, so that had I not returned to work last Monday after my latest illness, I would have been sacked.
Ah, I don't know. Should I take on solicitors? How do I find good, not too expensive lawyers? (I know there's probably a difference, but I don't know what it is.)
― Martin Skidmore (Martin Skidmore), Saturday, 15 February 2003 18:01 (twenty-two years ago)
I would suggest contacting your nearest Citizen's Advice bureau on Monday - they should be able to help you calculate whether or not you would be entitled to Legal Aid, and if so - they can refer you to either a community law centre or provide a list of lawyers in your area that accept legal aid cases and also specialise in that area of law.
Even if you don't qualify for legal aid, in certain circumstances community law centres will take on the case when the person's income is not much above the limits. It is definitely worth checking out. And sometimes, but it really depends on bureau to bureau, there may be a rotating or in-house lawyer at the CAB who could help you out.
CAB can also advise you on your employment situation, and what your rights are re: illness/depression and needing time off. It might be good to have a plan of action in case you end up with an unfair or wrongful dismissal situation and need to apply to an employment tribunal. Are you following your company's procedure for notifying them for time off sick etc.? Have you gotten doctor's notes and are you keeping a written record of everything that has happened there?
And they can also advise on debt management, such as using a service called Payplan. (www.payplan.com) - this may or may not be right for you, depending on your monthly outgoings, but it is a free service and won't charge any fees like the ones you see advertised on the telly. There are other methods too which the CAB can advise on.
www.citizensadvice.org.uk - you can search for your nearest bureau there.
Good luck and I hope this is of some use...
― elisabeth k, Saturday, 15 February 2003 18:39 (twenty-two years ago)
[usual disclaimer about taking important life advice from interweb mentalists]
Sorry to be so harsh and good luck.
― felicity (felicity), Saturday, 15 February 2003 19:18 (twenty-two years ago)
― felicity (felicity), Saturday, 15 February 2003 19:29 (twenty-two years ago)
If you get a lawyer make sure that you have all paperwork in order first so that you're using their time most efficiently. All the best.
― Dr. C (Dr. C), Saturday, 15 February 2003 20:05 (twenty-two years ago)
It sounds as though you have tried to be scrupulously fair. You seem like a very decent person.
― estela, Saturday, 15 February 2003 20:39 (twenty-two years ago)
''You seem like a very decent person.''
indeed he is!
― Julio Desouza (jdesouza), Saturday, 15 February 2003 20:43 (twenty-two years ago)
I'm sure you're all correct. I think I have no choice - I can't see how I could pay maintenance, if such was assessed against me, even if I thought it was right. I just don't have the money, with the expenses of this house. Stupid thing is, it's clearly in both our interests to get on with selling this place, but she won't agree to that.
― Martin Skidmore (Martin Skidmore), Saturday, 15 February 2003 20:44 (twenty-two years ago)
Again, with the caveat abot not knowing your legal system, but I would think many decent lawyers would at least give you a free consultation, if only to talk about fee arrangements. Better sooner than later, since the courts are involved. I would help you if I were British-trained but I'm not. Actually, I'll send an email at my firm -- who knows, someone might know someone through a friend. Please don't wind up like lots of people who get bitter towards lawyers because they didn't see one when they had to and then the lawyer they finally saw couldn't fix the problem because it was too late.
― felicity (felicity), Saturday, 15 February 2003 20:58 (twenty-two years ago)
I will ask around, though I'm not sure I know anyone likely to know. Maybe Citizen's Advice can at least steer me to a decent firm. I don't think I'd qualify for legal aid; I'm earning reasonable money - it's my level of expense that's the trouble. Some of you will have some idea what it costs if I say that it's a big three bedroomed house with a garden in London, north of the river, a few hundred yards from the tube. I can't afford it.
― Martin Skidmore (Martin Skidmore), Saturday, 15 February 2003 21:05 (twenty-two years ago)
― felicity (felicity), Saturday, 15 February 2003 21:08 (twenty-two years ago)
At the very least they should be able to help you narrow down the search for a suitable solicitor in your area.
That way if you get any referrals, you've got two sources of possible lawyers to consult.
― elisabeth k, Sunday, 16 February 2003 09:46 (twenty-two years ago)
― Skottie, Sunday, 16 February 2003 10:02 (twenty-two years ago)
It's never wise to think of hiring a solicitor in a domestic law issue as taking the moral high ground -- if there's a solicitor on the other side, sometimes hiring your own is about the only way to avoid turning nasty or getting torn up yourself. If a olicitor is dealing with the nastiness and technical details, you can devote yourself to be a decent fellow and getting through the divorce as humanly and humanely as possible. Remeber, the solictor is working for you -- if you say "I don't want to be an asshole, just don't let me get hosed", that's what shall be done.
― Colin Meeder (Mert), Sunday, 16 February 2003 16:20 (twenty-two years ago)
― donna (donna), Sunday, 16 February 2003 16:58 (twenty-two years ago)
Is there any chance that your posts to ILX re: the number of CDs you buy (and possibly your crazy swinging sex life) might be found and used in evidence against you?
Best of luck.
― N. (nickdastoor), Sunday, 16 February 2003 17:17 (twenty-two years ago)
― Martin Skidmore (Martin Skidmore), Sunday, 16 February 2003 17:46 (twenty-two years ago)
― sand.y, Sunday, 16 February 2003 20:33 (twenty-two years ago)
― lyra (lyra), Monday, 17 February 2003 01:20 (twenty-two years ago)
― Lara (Lara), Monday, 17 February 2003 12:13 (twenty-two years ago)
― Dan Perry (Dan Perry), Monday, 17 February 2003 14:54 (twenty-two years ago)
― Andrew Farrell (afarrell), Monday, 17 February 2003 16:26 (twenty-two years ago)
― Martin Skidmore (Martin Skidmore), Monday, 17 February 2003 19:04 (twenty-two years ago)
― smee (smee), Wednesday, 19 February 2003 10:14 (twenty-two years ago)
(I also got the official court notification of the application: it was made before they wrote to tell me that they had decided to do so, not that it makes any difference except it is a repeat of the way this thing has gone all the way. Bear in mind that she switched to these lawyers last year, and this was our first contact - not even a token attempt at negotiation!)
― Martin Skidmore (Martin Skidmore), Wednesday, 19 February 2003 18:45 (twenty-two years ago)
― Ned Raggett (Ned), Wednesday, 19 February 2003 18:52 (twenty-two years ago)