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This is a UK based forum about divorce and related issues. Feel free to contribute. Your experiences or opinions may help others. The link to the home page on the left leads to basic information about most common divorce questions. You can use the search function to search the forum
Re: Final hearing - 20 days ago
>>Do i need more evidence than that ? Yes. If you are minded to go back to court I would suggest you ask a solicitor what evidence would be required before wasting your money. What you cite would be insufficient.by David Terry - UK Divorce Forum
Re: Final hearing - 21 days ago
The most common reason for a refusal is that. H says house is worth £100K and offers to pay 40% which is £40K. W says house is worth £110K (or £150K or whatever). What H says may be as unrealistic as what W says. Without the property having been sold to a third party at market value it is a matter of opinion what the property is worth. You can (and should) make a court application if your ex iby David Terry - UK Divorce Forum
Re: Final hearing - 22 days ago
You have a court order which provides for sale and a percentage division of the sale proceeds so you don't need another. You will need a solicitor to handle the conveyancing so it might be simpler to get that solicitor to handle the wording once you have explained the context. For what it's worth that's why I said you need a solicitor to handle the conveyancing. The context probablby David Terry - UK Divorce Forum
Re: Potential financial split - 2 months ago
I have told you what I think of your chances. You want more of the equity than the mother with the care of two children - one of which has autism and the other of which is two years old. I don't think it is going to happen. And bearing in mind that your wife is on benefits and that she has offered you more of the pension to help make up for the difference in equity hers is not an unreasonablby David Terry - UK Divorce Forum
Re: Potential financial split - 2 months ago
>>She wants 600k to house children in 3 bed but I think my earning capacity is much lower so I should get 60 percent and she can upgrade once she goes back to work at some point when the youngest goes to school. << Frankly, I think you would be lucky bearing in mind the children live with your wife, the age of the younger and the autism of the elder If anyone has to make do with aby David Terry - UK Divorce Forum
Re: Draft Consent Order/Separation Agreement - 2 months ago
A consent order takes a very specific format and you will need the help of a lawyer to draw it up. For instance a separation agreement might read, 'X and Y agree to sell the matrimonial home and divide the proceeds equally'. A consent order will read something like, 'By consent upon decree absolute it is ordered that 2 Acacia Drive etc be sold forthwith, that the gross proceeds ofby David Terry - UK Divorce Forum
Re: Form A - 3 months ago
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
Re: Prenup - the easiest / cheapest option - 3 months ago
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
Re: Prenup - the easiest / cheapest option - 3 months ago
>>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
Re: Prenup - the easiest / cheapest option - 3 months ago
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
Re: Prenup - the easiest / cheapest option - 3 months ago
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
Re: Prenup - the easiest / cheapest option - 3 months ago
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
Re: Prenup - the easiest / cheapest option - 4 months ago
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
Re: Consent Order Packages? WikiVorce? Timing? Conditional Order March. - 4 months ago
>>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
Re: Consent Order Packages? WikiVorce? Timing? Conditional Order March. - 4 months ago
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
Re: Consent Order Packages? WikiVorce? Timing? Conditional Order March. - 4 months ago
>>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
Re: Consent Order Packages? WikiVorce? Timing? Conditional Order March. - 4 months ago
>>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
Re: Wife Has Suggested Divorce After 4 Years - Split My Savings? - 4 months ago
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
Re: Divorcing narcissist husband, what should I brace for? - 4 months ago
>>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
Re: Divorcing narcissist husband, what should I brace for? - 4 months ago
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
Re: Final hearing - 4 months ago
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
Re: Likely financial outcome? - 5 months ago
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
Re: cost/time - 5 months ago
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
Re: "Dr" Mousa has friends. - 5 months ago
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
"Dr" Mousa has spammer friends. - 6 months ago
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
Re: Partner moved out. Gone from 50/50 bills to 25/75 - 6 months ago
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
Re: Does this look fair? - 6 months ago
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
Re: Final hearing - 6 months ago
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
Re: TXT From Ex-Wife after 16 years threatening me with Court - 6 months ago
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