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Re: Trying to avoid a Pension Sharing order - 8 months ago

That is more in line with what she was hoping. She has been offered £13K so if that can be raised to say £20K I think both parties would be happy without having to incur cost. My concern was that the court would review the agreement and ask for evidence to support the amount to be paid, or with a sum this low are they simply going to accept it as part of a clause in the financial order?

by Turnip26 - UK Divorce Forum

Re: Trying to avoid a Pension Sharing order - 8 months ago

Sounds like my friend and husband need to enlist the help of a Pension on Divorce Expert (PODE) to do a proper pension evaluation comparison and then either agree an offset or use this as the basis of a pension sharing order. Thanks for your help.

by Turnip26 - UK Divorce Forum

Trying to avoid a Pension Sharing order - 8 months ago

My friend has a local government pension worth £97,500 and additional small pensions, taking the total to £105,000. Her husband has a single pension worth £162,888.88. Is the only way of settling these assets a pension sharing order? The difference is £57,888.88. Is it reasonable for my friend to request half of that amount as a cash payout and leave both pensions intact? It seems very c

by Turnip26 - UK Divorce Forum

Divorce flowchart - 10 months ago

This flowchart is very useful for those wanting to understand the overall process flow: However, is anyone aware of one that includes the financial agreement, specifically when it needs to be completed by?

by Turnip26 - UK Divorce Forum

Re: Fair divorce - 11 months ago

That's a good point - that you for this consideration. I will tell her to raise this point when she seeks legal advice.

by Turnip26 - UK Divorce Forum

Re: Fair divorce - 11 months ago

Thank you - I will impress that upon her. I have seen the legal agreement for the house and it does seem fair from a financial point of view. The house was valued independently at £260K. The outstanding mortgage, again documented, was £130K, leaving £130K in equity. Barbara received a cash sum of £60K, which she was content with. She did not want the house to be sold.

by Turnip26 - UK Divorce Forum

Re: Fair divorce - 11 months ago

Thank you. Understood. This check is in place to prevent one party railroading the other I assume? Barbara is a nervous character who wants to avoid confrontation at all costs. Her H is verbally aggressive and quickly takes control, intimidates and confuses her. He wants to file jointly, as he wants the maximum degree of control over the process I think. I have advised Barbara to avoid direct

by Turnip26 - UK Divorce Forum

Re: Fair divorce - 11 months ago

Thank you. They do have a signed legal agreement for the house arrangements and Barbara has received a lump sum and the house is in the husbands name. Can this arrangement simply be acknowledged and built into the final divorce financial agreement? Thank you for clarifying the starting point on pensions. Makes perfect sense than anything Barbara already has should be offset against his. X will

by Turnip26 - UK Divorce Forum

Re: Fair divorce - 11 months ago

Thank you for your prompt response. I thought there was a very slim chance of a spousal payment, especially considering the house has been settled. There are no dependents. If his (and her) finances are set out simply and with appropriate documentation is it reasonable for Barbara to expect half of his pension? She has a couple of small pensions but has had many low income jobs throughout the

by Turnip26 - UK Divorce Forum

Fair divorce - 11 months ago

My friend, a Barbara, has been married for 24 years. She left the matrimonial home 6 months ago and is living in rented accommodation (actually a room at her sisters). They have settled the house already, with Barbara receiving a cash lump sum in exchange for giving up any claim to the house equity. The house is now in the sole name of the husband. Both are happy with that arrangement. The

by Turnip26 - UK Divorce Forum

Contravention of Sealed Consent Order - 2 years ago

Hi, I have been notified that a judge has sealed the consent order and I have received a formal copy from my wife's solicitor. Since it was signed about six weeks ago she has contravened the consent order, changing where a rental income and a mortgage for a joint buy-to-let are being paid into and from respectively. These now both go into her sole accounts. I have asked her to revert thes

by Turnip26 - UK Divorce Forum

What happens next? - 2 years ago

Hi, my soon-to-be ex-wife and I have agreed and signed a consent order, Statement of Information and an agreed matrimonial house contents split. The conditional order has been accepted by the court and is due to be read out on 16 March. What happens next?

by Turnip26 - UK Divorce Forum

Re: Wife wants divorce - I dont! - 2 years ago

I feel your pain - the same happened to me in August last year after 4 years of marriage. No desire on her part to work things out and she quickly broke all ties including moving out and setting up with a new boyfriend. It's hard to take, all of a sudden not being wanted by the one person in the world who you want the most. It will get easier, slowly. You have to become mechanical, accep

by Turnip26 - UK Divorce Forum

Re: A matter of timing - 2 years ago

Thank you David.

by Turnip26 - UK Divorce Forum

Re: A matter of timing - 2 years ago

Opinion seems to differ on how long you should get for a sale. Is 150 days reasonable?

by Turnip26 - UK Divorce Forum

Re: A matter of timing - 2 years ago

Brilliant, thanks David. Have a great weekend.

by Turnip26 - UK Divorce Forum

Re: A matter of timing - 2 years ago

David, good point - so would it be acceptable to say within the agreement - upon the sale of property A the sum of £X will be paid to my wife?

by Turnip26 - UK Divorce Forum

A matter of timing - 2 years ago

Hi All, I find myself in a predicament due to circumstances beyond my control. The cost of living crisis and interest rate rises has made mortgage lenders very jittery and they have tightened up on affordability checks significantly. I have a buytolet (property A ) in my own name where the rent and mortgage are equal. I have a second buytolet ( property B ) in joint names with my soon to b

by Turnip26 - UK Divorce Forum

Re: Non-matrimonial income invested in the matrimonial home - 2 years ago

Okay, thanks David.

by Turnip26 - UK Divorce Forum

Non-matrimonial income invested in the matrimonial home - 2 years ago

Hi, as part of our financial settlement, it is proposed that the current matrimonial home equity is split 50/50. This is owned outright, is in joint names and is worth £320K. As part of the overall settlement, this house will not be sold but transferred into my sole name. In March last year, we decided to add an extension costing £30K which I paid for from an endowment policy that matured,

by Turnip26 - UK Divorce Forum

Re: Statement of Information for a consent order - 2 years ago

Thank you David, clear, concise and very helpful as ever!

by Turnip26 - UK Divorce Forum

Statement of Information for a consent order - 2 years ago

Hi, I have just received a "without prejudice" offer which includes a "statement of information for a consent order" which has been updated by my wife's solicitor. In my original submission, I included my two children (aged 14 & 16) who are from a previous relationship, not this marriage, because the payment of child maintenance plus school trips abroad, pocket m

by Turnip26 - UK Divorce Forum

Re: Right of access to the marital home - 3 years ago

Thanks, Andy - the reason I asked the question is that advice on the internet suggests that I cannot legally deny her access unless I have a court injunction (which is generally used when the bloke has left and the woman is either in an abusive relationship or feels unsafe). I have therefore not denied access but I do want it to be restricted to appointment only and supervised which I think is r

by Turnip26 - UK Divorce Forum

Right of access to the marital home - 3 years ago

I am in the process of going through a divorce. My estranged wife has moved out and is now living with her new boyfriend. In early November I caught him in the marital home and agreed with my estranged wife that he would not enter the property again. However on 27 December when I was away he once more entered the property and assisted my estranged wife in removing something of hers from the at

by Turnip26 - UK Divorce Forum

Re: Sharing marital assets - 3 years ago

Thanks David, for the information regarding the likely outcome. With £12000 difference in value I would hope there would be an adjustment. But what happens in the meantime? Do I have an grounds for using the better car that is in her name?

by Turnip26 - UK Divorce Forum

Sharing marital assets - 3 years ago

My wife told me we were getting a divorce at the end of August. We lived separately in separate bedrooms for a month or so and gradually she has been taking things away and visiting less often. Now she visits once a week at most. She has stressed she has NOT moved out. We have two electric cars, a 2016 Red Nissan Leaf which has a range of 80 miles, and a 2019 Grey Nissan Leaf which has a rang

by Turnip26 - UK Divorce Forum

Re: Consent order - 3 years ago

Thank you. Useful information. So we agree how the asset will be shared and when that asset will be sold and therefore nothing changes until the court order is issued.

by Turnip26 - UK Divorce Forum

Consent order - 3 years ago

If man and wife agree on the financials and these are written up into a consent order to be approved by the court, when do the things agreed in the order have to be done? For example if there is a marital home and the agreement is a 50/50 split after costs when would the house be put on the market? After court approval?

by Turnip26 - UK Divorce Forum

Re: Form E mandatory? - 3 years ago

Thank you again.

by Turnip26 - UK Divorce Forum

Re: Form E mandatory? - 3 years ago

Thank you David. Excellent advice. So why is her solicitor so insistent? Are they just covering themselves in case some non-disclosed finances appear later on and their she tries to cast blame?

by Turnip26 - UK Divorce Forum