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Disability and Divorce

Claire1964Claire1964 Member Posts: 16 Listener
edited April 2020 in PIP, DLA and AA
I am going through a nasty divorce. I am disabled, I have X linked hypophosphataemic rickets and have had my bowel removed. I have been to family court twice now and whilst the judge ruled in my favour, this is not an order and I find I am having to carry on trying to negotiate with a man who, quite frankly wants to see me suffer. He wants me to take out a mortgage using my PIP payment as part of my income. I cannot manage without my care package and it would mean spending that money on housing when it is there for my care. The banks are accepting PIP as part of income in mortgage applications...I feel the law is against me. Any advice?
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Replies

  • Abdi_ScopeAbdi_Scope Scope Posts: 234 Pioneering

    Hi @Claire1964 - I am sorry to hear you are going through this, it is very difficult. 

    You may find posting on this page useful as well as advice on benefits  . We also have a dedicated helpline that may be able to guide you . Thank you for sharing your personal experiences and we are here to support you.
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @Claire1964, really sorry to hear about your current situation.

    I just wanted to check in to see how you were doing, and if there is anything else we can do to help.
    Scope

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  • Claire1964Claire1964 Member Posts: 16 Listener
    I am in limbo. I am living in a friends house whilst my husband is in the family home on the advice of the police as there has been domestic abuse. I am away from my area and therefore, services like doctor and pharmacy who know me. I have to hope that my husband is willing to take on board the courts recommendations, but he is stalling now because of the coronavirus. I have been trying to get divorced since February 2018 and it has cost me thousands. I phoned the Scope helpline, but because it is a legal matter they cannot give me any advice. No one is willing to help me.

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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,968

    Scope community team
    Hi @Claire1964. I'm sorry nobody's been able to help you.
    Can I ask if you've spoken to Women's Aid at all and whether they've had any recommendations?
    Senior Community Partner
    Scope
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  • Claire1964Claire1964 Member Posts: 16 Listener
    i have Adrian. They have been fantastic. The problem is that there is nothing in the divorce process that takes my disability into account. I got my GP and consultant to write to the court and if I had not done that under my own steam, no account was taken of my disability. My solicitor did not attempt to introduce my disability into the mix. i have been made homeless because of my husbands behaviour but my solicitor has done nothing to help, his attitude is 'there is always one who moves out in a divorce'. Now, after two family court hearings and thousands of pounds in legal fees the judge 'recommended' I be given more than half the house. But this is not an order. I am now having to negotiate with a man who isn't reasonable or sympathetic to my plight in any way. He is living in the family home and I am living in a friends house in an area where I know no one.
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,968

    Scope community team
    @Claire1964, that sounds awful. Not being a legal expert it wouldn't be appropriate for me to advise, but it sounds like you're in a very tough situation. Have you tried seeking advice from Disability Law Service?
    Senior Community Partner
    Scope
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  • Claire1964Claire1964 Member Posts: 16 Listener
    No. That's a new one on me. I wrote to Disability Wales and have rung umpteem offices....no one is able to help. I will try your suggestion. Thank you.
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,968

    Scope community team
    Keep in touch and let us know how you get on @Claire1964. :)
    Senior Community Partner
    Scope
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  • emmarenshawemmarenshaw Member Posts: 712 Pioneering
    Welcome to the community @Claire1964 I’m Emma. I’m here if you need anything or have any questions about navigating the community, It must be a tough time for you. The community is a lovely bunch and we’re all here should you need us.
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