It's ok. I think I found it. For anyone else in a similar position, here it is... QuoteUnder section 23(1) of the Matrimonial Causes Act 1973 (MCA 1973), the court may make an order for such lump sum or sums as may be specified on the granting of a decree of divorce, a decree of nullity or a decree of judicial separation or at any time thereafter. As indicated, the order will not taby spartacus - UK Divorce Forum
Terry. That is really interesting and helpful. Thank you. Is there anywhere that I can read the exact legal wording of what you state that the order is not enforceable until post decree absolute?by spartacus - UK Divorce Forum
If you recall my case, it dragged on for ages. I mostly was satisfied with my self representation apart from at the final hearing. My wife was made up to have been awarded a 70% settlement, gloating about it on Facebook. However, as she was awarded the main family home, following a failed sales attempt her share has substantially diminished. There is also a dispute at the moment whereby tby spartacus - UK Divorce Forum
David Terry Wrote: ------------------------------------------------------- > Frankly, I think it very unlikely the original > order would be set aside and I think it has > previously been explained why. I get that, and as you say; it was previously explained. But let's say he does. Let's assume; I can prove she misled, manipulated, and deceived the process through heby spartacus - UK Divorce Forum
Randomer4040 Wrote: ------------------------------------------------------- > you chose to get married in England. This is a > typical outcome to lose 70% of assets. Just do not > get married again. That doesn't really help.by spartacus - UK Divorce Forum
It's me again... Following the final hearing a few weeks ago, the solicitors acting for my wife drafted a court order, and attempted to sway it in their favour in addition to that which was directed dictated by the judge. Therefore I responded with a few issues regarding the order. The court has called a directions hearing. Since then, I came across a potential bank account, and peby spartacus - UK Divorce Forum
David Terry Wrote: ------------------------------------------------------- > I think you will find that issues of disclosure > are now water under the bridge. To the extent that > this information existed before the final hearing > you have almost certainly lost the opportunity to > introduce this evidence now. > > As to the directions hearing you do run the risk &gby spartacus - UK Divorce Forum
The response from the court is as follows... "We referred the emails and attachments to DJ ***** and as you do not agree with the order he has requested we list it for directions. If you and the other side agree an agreed order then this could be sent to the court and we will refer to DJ *****. DJ **** has therefore listed fairly for both sides." -- Any suggestion on how I can appby spartacus - UK Divorce Forum
I have sent an email to the court requesting the reason for calling a further directions hearing. I suspect it will be due to objections which I have already raised regarding the original draft order presented by her solicitors. The current objections include. 1. Her solicitorsw wish to perform legals and conveyancing for the sale of our home. I have already instructed another firm and doby spartacus - UK Divorce Forum
Just this minute, I have received an email for a directions hearing in 3 weeks time. Any suggestion on a way to proceed? I didn't know there would be any further hearings after the final hearing.by spartacus - UK Divorce Forum
My final hearing was a few weeks ago, with my wife being represented and myself litigant in person. The split ended up about 70/30, in favour of my wife. Virtually her entire settlement is cash from the sale of our home and savings. I however have not been left with enough cash in the bank to maintain myself at all, as my assets are a tenanted rental property, and other non tangible assets.by spartacus - UK Divorce Forum
I wanted to add one final comment to this thread... If anyone either finds, or is directed to this thread, and wants to talk; an opinion; or just some mutual support from someone who knows qhere you may be, feel free to PM me. I won't be around the forums, but I should get email notification. I'm happy to talk, even if the thought of losing £320,000 in 2 days kind of hurts. Toby spartacus - UK Divorce Forum
....another thought...they played a blinder! An absolute master stroke, and I never saw it until after it was all over! ....during the ongoing, 3 year saga, of my divorce, I battled with depression, anxiety, thoughts of just (ending it). It suffer(ed). with ceratin addiction issue, and there are ways and means that I am working on getting to grips with it all. I had made an audio recordinby spartacus - UK Divorce Forum
I have just endured a 2 day final hearing which has concluded my divorce. I'd like to provide some feedback in the hopes it might help some of you. The background is, we have been married for 23 years, own 2 properties, 1 which is tenanted. We have 2 children, 20 and 21, both at university. Our net worth has declined over the 3 years we have been fighting. At the time of the final heaby spartacus - UK Divorce Forum
How long should my closing summary be? How many minutes for example? Is it basically a review of the evidence and result of cross examination? Do I reference pages in the bundle during my closing summary? Do I point out where the applicant (in my case), contradicted herself in her evidence and statements? Do I basically end, with the order I am asking for? I know I can't enteby spartacus - UK Divorce Forum
WOW! Do solicitors and Barristers often change the goal posts at the 11th hour? My wife submitted an ES1 with the order she was seeking. In the case summary, presented to me at 8:30am for a 10:00am court appearance, has added the kitchen sink...and the rest ...and now she has asked for "special measures". She wants a screen between us...Let the drama begin. There has neverby spartacus - UK Divorce Forum
What the heck is a judicial reading? Do I need to prepare nything for it? Do I need to say anything during it?by spartacus - UK Divorce Forum
Also I really need to know...am I able to object when she starts her....he is a bastard rant. It quite literally could go o for hours. I hope the judge will stop it but if they don't, can I object?by spartacus - UK Divorce Forum
In our final hearing, tomorrow and friday, my wife and I have both been allocated time for evidence and cross examination. Oddly, she has 1 hour to provide evidence, while I have 30 minutes allocated. Alternatively, she is to be cross examined for 1.5 hours vs me enduring 2.5 hours. My question is....What the heck do i say during my evidence? Is it basically reading out my S25? (ish)by spartacus - UK Divorce Forum
OK...I have royally screwed up, and I'm scared. I should have done whatever was required to get a barrister on board....but I am where I am. They submitted the D11 yesterday for my son to give evidence, and an increase in bundle size.. I submitted a letter to the court objecting and haven't heard anything. Her solicitor insist that the D11 application is a separate matter enby spartacus - UK Divorce Forum
I am sure, it has been. mentioned on here that a new sitting judge should not be made aware of the opinions or rulings of a previous judge? With that in mind, is it right for previous court orders to be included in the bundle? As well as objecting to the includsion of my sons statemenr and evidence (another recent thread for anyone not aware), I am writting to my wifes solicitor, with copby spartacus - UK Divorce Forum
David Terry Wrote: ------------------------------------------------------- > Do not approve their draft order. Tell them they > should stick to the size of bundle directed by the > court and you do not agree to the inclusion of > irrelevant matter which is what relating to your > son is. Under no circumstances should you approve > their draft. You can and should object atby spartacus - UK Divorce Forum
Are previous court orders required to remain witin the court bundle? The bundle was ordered to be reduced in size to 500 pages. It is currently 545 + over 100 pages each for S25 statements . But, given this divorce has been ongoing for three years, there are court orders in the bundle that really don't need to be there as far as I can tell. I would have expected our narrative statemeby spartacus - UK Divorce Forum
I await a response from the court. I am really hoping they don't simply approve this. A lot of the information in my sons statement, is conjecture, hearsay, or simply untrue. My wife entered MY private bedroom on one occasion while I was unclothed and in bed. She proceeded to attack me, and I was able to get my legs between us and push her off. The result being that she hit her heaby spartacus - UK Divorce Forum
I have no idea how to feel about this or how to progress. Our final hearing is scheduled for Thursday and Friday this week. Throughout this 3 year ordeal, I have developed a drug addiction, which I have addressed. When. my son came home from university, he produced a small quantity of an illegal substance, which he shared with me. Today I have received a witness statement on behalf ofby spartacus - UK Divorce Forum
Once I identify evidence and is inadmissible, should I write a letter to her solicitor advising them? And keep a copy of my email for court? Should I advise the court ahead of the hearing? Her section 25 which is mostly "I should get more than half because he is a bastard"...I am assuming that is just a matter for dealing with in court?by spartacus - UK Divorce Forum
What do you do about pension? Pension sharing or compenation? Our pensions are about £30k apart, but even that...Hers is £26k and mine is about £55k. We always thought property would form our retirement fund. Her solicitor wants me to pay her half the difference, but my pension forecast amounts to something like £1500 per year....its nothing. So why should i turn around and give her an extby spartacus - UK Divorce Forum
In my wife's S25 statement 50 out of 90 paragraphs have nothing to do with finances, and are purely character assassination attempts. Most of the other 40 are questionable. She goes on to submit 89 pages of photographic evidence. This includes 1. photographs of medication although she has provided no sick note or prescription. 2. Photographs from my personal mobile phone taken wby spartacus - UK Divorce Forum
In my wifes S25 statement, she has "stated" : QuoteI may require temporary financial support to help cover utility bills until I am able to support myself. I am not envisaging needing an excessive period of time to get back on my feet, but I feel a reasonable amount of time to purchase a family home, start a small business or commence a training programme is required. I disagreby spartacus - UK Divorce Forum