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It’s a challenging time at the moment.
I have an outstanding financial matter to finalise with my abuser. I applied for Legal Aid 18 months ago and haven’t heard anything from my solicitor so it seems like I’m going to have to take action by myself.
I’m now living with a lovely person but we are both now fearful for our jobs. We aren’t eligible for means tested benefits as I apparently have a financial asset. It feels like time is of the essence to sort out this matter. I’m scared as it’s in my abuser’s interest for things to remain as they are and I imagine that this action will enrage them.
Of course I can always choose homelessness for myself and my lovely partner instead of taking this action. What a predicament to be in. Abusers create such chaos and misery.
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An update: I tried a different solicitor and had a most unsatisfactory conversation with someone who was totally disinterested and very abrupt. Not exactly trauma-informed. They were suggested by my local domestic abuse services.
It’s completely put me off trying again to seek any legal assistance with this matter. Reading online the advice is to take expert advice in the complicated specialist area of law that is applicable to my situation. But I seem to have no option but to go it alone.
Other services have been similarly useless when it comes to personal safety planning. When I start this legal action I will fear for my safety as my abuser doesn’t want to face the consequences of their actions.
It seems that if you don’t have money you can’t buy safety equipment or legal services but many people here are economically abused and less likely to have funds for these basics. I’m glad to have support here and elsewhere online and via telephone helplines.
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Hi Swanlake,
As Cherries says, I suspect this is a property. This is a v different situation depending on whether you were married or not. On a divorce you can apply for financial relief and the starting point is 50/50. The precise amount you would receive would depend on the total financial situation. You would need legal advice on the likely division.
I suspect, however, that you may not have been married. If so any application is based on strict property rights. It sounds as though your name may be on property deeds but whether you have an interest in any equity is a matter you need legal advice on as this may depend on contributions and intentions I believe. If you are saying you have an interest, have made contributions then your solicitor will be asking you about any evidence you have and advising you about the chances of success. They should give you a realistic assessment of your chances of success, even if you don’t like the advice you receive.
I think legal aid is v difficult to obtain and any solicitor doing “no win no fee” if applicable in your case would only act if they think you have a good chance of success.
Have you spoken to CAB? They have housing advisors. If you have your name on an asset which is preventing you from obtaining benefits, then at the least you need your name removed as well as needing to know your chances of success of claiming any part of that asset.
If as you say it’s a complicated area of law then you will need legal advice and support in order to be able to present your case properly. Rights of Women are excellent at providing free phone advice on family law matters, but may not be able to give you the specific advice you need on evidence in a brief phone call without knowing much more about your case if it is a complicated area of law.
Good luck with everything.
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Im having to read between the lines here and assuming the ‘asset’ is property that your abuser is still living in?
You ARE going to need professional help with this, if this is the case.
Fear is also in the way, obviously.
My first husband got the house because I was too scared to go for half. What I did instead was put some kind of holder on it so if he sold I got a percentage but it didn’t force him to sell up. Im not sure this would be applicable to your situation though.
The only real advice I can give is to perhaps keep trying different solicitors if you can. In my first divorce (I got legal aid back then ) I got an absolute bulldog of a female solicitor and she was dying to rinse him. I was too scared so she did what she could .
Keep trying for the legal aid.
Is there a womens aid support worker possibility? Someone who can potentially advocate on your behalf?
You don’t say whether you were married but if so could instigating divorce help to move proceedings along?
Ofc I could be way off Base and its not a property at all. In that case…just keep fighting. The system does not make it easy. Ring every solicitor you can. Find your bulldog too. It galls me that they win because they are bullies. At the end of the day you earned your fair share of whatever this asset is. I hope you manage to get it sorted x
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Thank you for your replies. It is to do with a property and I was not married to this person.
I’ve already been to CAB and also had a telephone conversation with an abrupt and snappy solicitor who spoke too fast. I’m not sure how these people get jobs in domestic abuse.
Sadly the property is now causing problems for claiming means tested benefits, hence the need to try to do something. I’ve still to find that legal person who wants to fight with me.
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My message disappeared the other day but I’m still processing something that a solicitor told me the other day, namely that Legal Aid is not available for economic abuse.
No wonder so many people are homeless or experiencing a ‘cost of living crisis’ since abusers withhold money and those who they are abusing have no economic resources to fight them.
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