It doesn't override it, no, but there two reasons it is not likely to be a problem. (1) A judge may overlook the boxes you ticked. That is an error but judges are human and sometimes miss things. (2) Assuming a judge did pick it up you would almost certainly just be asked to submit an amended Form A and service would be dispensed with.by David Terry - UK Divorce Forum
You will actually be disinheriting your children if you marry this woman and take on the child. That is because she and the child would then automatically become dependents and their claim would outrank that of any adult children you have more less regardless of any will you may write to the contrary. I am less convinced by professions of Christian faith than you are for three reasons. First,by David Terry - UK Divorce Forum
>>There is another practical side to the marriage too. Ukrainians are here on temporary visas, and I couldn't imagine a situation where my child might be forced to leave Frankly, this a big red flag. If there is a visa issue involved in the proposed marriage then think very carefully whether the motive is love or visa. There is a huge age difference here. Even if you do not marry thby David Terry - UK Divorce Forum
On a completely unrelated subject there are often reasons for things which are not immediately obvious. For instance, the A1 is a road which runs from London to Edinburgh. Over the years I have often used it going to one court or another. Something which puzzled me for a long time was why it has so many sex shops. After all, it is a road which mainly runs for miles and miles through open countrysby David Terry - UK Divorce Forum
Yes, although you have to bear in mind that British men tend to marry only a limited range of nationalities. And it does tend to be men who do that sort of marrying. Although some British women also marry people from other countries that is much less common and often as much to do with immigration (at least so far as the would be husband is concerned) as about marriage. In terms of financial cby David Terry - UK Divorce Forum
It doesn't matter where you get married (or divorced, come to that). The place of marriage is unimportant. What is important is whether the English courts have jurisdiction to settle financial issues following divorce. And they can acquire that jurisdiction in many ways but primarily it revolves around domicile or residence or some sort of combination of the two. Also, there can be signifby David Terry - UK Divorce Forum
Of all the wonderful women in the country you have just happened upon an Ukrainian woman? Think very carefully about this. If you marry her and then discover her motivation was not love you would not be the first. Ask yourself how many British men have married Ukrainian women and then gone on to celebrate their golden wedding anniversary. And how many such marriages have ended in a divorce whichby David Terry - UK Divorce Forum
>>Ex agrees we should keep our individual savings and no pension sharing. Perhaps so but people often fail to understand that a court has to be satisfied that an agreement is broadly fair before they will approve it. And that applies no matter how 'agreed' both spouses are. It is true that in a case such as this where there are no children, both spouses are working and both arby David Terry - UK Divorce Forum
You say it is straightforward but you do not say how long you have been together (not just how long you have been married), over what period of time the difference in savings has arisen, what the pension difference is or over what period of time any pensions have been built up. Also, rather importantly, you do not say what the view of your wife is on all this. Perhaps it is straightforward but wiby David Terry - UK Divorce Forum
>>So January's figures will suffice and I can start putting in the overtime to fund my new place? Not exactly, no. You can't be sure your money will remain your own until a consent order has actually been agreed and approved by a court. Sometimes the risk is small when a consent order has been agreed and waiting approval from a court but that risk is still there. As to packaby David Terry - UK Divorce Forum
>>Am I able to start sorting the Consent Order with her in Jan? Yes, but you will not be able to submit such a proposed consent order to the court for approval until you have the conditional order. You do not need to wait before starting to discuss and negotiate because that is what usually takes most of the time.by David Terry - UK Divorce Forum
So far as loneliness and moving on are concerned remember it is seeking a divorce (or the dissolution of a civil partnership) which gives a court jurisdiction over your income and assets.If you do not remarry (or enter into a civil partnership) you can live with whoever you want and your income and assets remain yours. Perhaps Labour will change this just as they are bringing in assisted dying anby David Terry - UK Divorce Forum
>>I just want to go as soon as possible. If you hope for him to buy you out at anything like a fair price you should take care not to make him aware of the urgency on your part.by David Terry - UK Divorce Forum
Well, no-one needs to ask for a divorce. It is not like getting married. You don't need the permission of the other spouse. If you are certain that the marriage is over and that you want a divorce then yould get one regardless of what your husband thinks. The second point is that it is sometimes possible to have an 'amicable' divorce. Many people can do that and where it is possby David Terry - UK Divorce Forum
Properties are worth what a buyer will pay for it regardless of any 'valuation'. It is by no means unknown for estate agents to value a property at a higher price than they think it will realise just to get the business. In any case it is often sensible to begin marketing a property at a price slightly higher than market value precisely so there can be some flexibility in the negotiatioby David Terry - UK Divorce Forum
1, Because of her lower earnings (and therefore mortgage capacity) your wife is likely to end up with a greater share of the equity in the matrimonial home than you but it would be a stretch to say she should get all of it. I think that is unlikely unless there is some sort of quid pro quo such as a clean break from her and/or a reduced claim upon your pension. You do also have housing needs.by David Terry - UK Divorce Forum
You should be able to do it yourself so far as getting a divorce is concerned. If you contact your local county court they should be able to tell you what you need to do and to explain what forms etc you need to complete. So long as you have contact details for your wife it shouldn't be complicated. In due course you may be well advised to get an order formally dismissing all legal claimsby David Terry - UK Divorce Forum
Ah, fortunately it was quick once I had figured out how to do it. It is so rare I have to do it that I had forgotten the sequence of steps needed. Anyway, once I figured it out I could delete thousands of their posts at once, It seems I must really have annoyed them to have provoked that response Although, of course, "they" could be one person using many aliases because all that bullshby David Terry - UK Divorce Forum
Surprise, surprise. After deleting "Dr' Mousa and his scams I am now inundated by more scam from more so called "Drs" Of course, they could be the same person. Scammers do usually adopt many aliases, after all. "Dr" Bilal and "Dr" Lux are promoting the same sort of bullshit. The contents of their posts speak for themselves. They are nonsense which prey onby David Terry - UK Divorce Forum
The council tax discount has no bearing on the final settlement so the sooner you apply the better. Your ex no longer has the benefit of living there but you do so some sort of adjustment to contributions may be reasonable enough. The current situation is unstable so there is an incentive to get it sorted.by David Terry - UK Divorce Forum
It is not unreasonable if you are both happy with it but it might be a good idea to both attend mediation to talk it through Also you should seek your own independent legal advice before you actually sign anythingby David Terry - UK Divorce Forum
Just write to them and say that if they don't reply to your request about a final order within 7 days then you will apply and if you have to do that then you will seek the costs from them As to the price of the house you would need further advice from the estate agent if there was no interest at the original suggested priceby David Terry - UK Divorce Forum
It's hard to tell without seeing the order and annex. As I recall this actually went to court so the order was probably settled between two barristers and approved by a judge. It is impossible to know for certain without seeing the order but my guess would be that the pension was worth £6,000 odd at the time and the intention was to pass 100% of that to her, I doubt that anyone anticipatedby David Terry - UK Divorce Forum
Well, I suppose the pension company has the problem. I can't see your ex handing it back. Of course, what you asked them should really be answered but whether you think it worth the hassle is your call really.by David Terry - UK Divorce Forum
>>Am I correct in thinking that at the time of the sharing order, the pension was valued at £6k = 100% but since then it may have gone up (or down) thus making the 100% now not applicable?<< Probably, because that seems to be the most likely reason a figure and a percentage were mentioned. Having said that, if both were mentioned it is also quite possible that the figure was what iby David Terry - UK Divorce Forum
The most common reason for not applying for decree absolute within 12 months is because it took longer to get the finances formally sttled. Where that applies it is a perfectly good explanation for the delay and one which the courts are very used to.by David Terry - UK Divorce Forum
Rather than fret about this sort of thing it would be better to just get on with a divorce if the marriage is over.by David Terry - UK Divorce Forum
If your wife paid off her car loan it is hard to see how you could be criticised for paying off your student loan. The worst that ould happen would be that it was counted back in as part of your share,by David Terry - UK Divorce Forum
Andy is right when he says that trying to save a marriage which one spouse thinks is dead is a mug's game. In fact be very wary if your wife says she has changed her mind. It is not uncommon for people to say this even though their under;ying opinion hasn't changed. The words are sometimes just as way to gain time in order to get a better financial outcome. At the moment this is not anby David Terry - UK Divorce Forum