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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: Financial Order - Yesterday
>>1) Can I remove of the MHR charge with the Land Registry myself or do I need a lawyer No-one is required to use a lawyer for anything. Only you know whether it is something you can do yourself. >>2) My ex have said he will transfer the money directly to my account which is over £100K - should this go through a lawyer? Same answer as above. There is nothing that requires monby David Terry - UK Divorce Forum
Re: Form D81 - 10 days ago
>>Could you please highlight what options I now have? No. I think it is unreasonable to expect me to answer all this. If you want legal advice upon which you intend to rely you should make an appointment to see a solicitor and pay for that advice in the normal way. For what it is worth I think your 'pre-nup' is probably not worth the paper it is written on. For any pre-nupby David Terry - UK Divorce Forum
Re: Spousal Maintenance / Wife Claiming disability/inability to work (no children) - 13 days ago
With this sort of 'anxiety' induced illness courts tend to take the view that the anxiety will pass when the finances are settled. Your wife has a history of employment. Unless she is actually run down by a bus or something of that nature they will tend to say that her earning capacity if what it has historically been.by David Terry - UK Divorce Forum
Re: Please some advice on my situation, not very long - 14 days ago
Since there are no children there is no obvious reason why your housing needs should be different from your wife. There might, of course, be some other reason such as disability but since you do not mention anything of that sort I assume there is no such reason. You are right, though, that your wife's behaviour tends to suggest she is trying to set you up. You should be wary of that.by David Terry - UK Divorce Forum
Re: Career Change - 14 days ago
Your solicitor is probably right. In my previous answer I had assumed your wife had an income of £25-30K but on re-reading it I see that you were talking about earning capacity rather than earnings which was a mistake on my part.by David Terry - UK Divorce Forum
Re: Career Change - 15 days ago
>>I'm probably still going to be in my current job when the divorce happens albeit the GDL and SQE will all be done by then. Would a judge have any sympathy that someone generally doesn't spend all their spare time studying law just to avoid a legal obligation? << Yes, a judge would have sympathy with that. I doubt that any reasonable court would expect you to throw awayby David Terry - UK Divorce Forum
Re: Career Change - 17 days ago
It rather depends upon how far you have got with your graduate diploma. If you were yet to start it then your wife may have a point about you having to forget it but if you are part way through with it and the offer of a training contract is due to start this year then your wife will have to lump it. By the time it got to court you would probably be in your training contract and a court would havby David Terry - UK Divorce Forum
Re: Conditional order - 18 days ago
I am not going to get involved in this any further. You have a solicitor acting for you whom you pay and from whom you can ask for advice. What is almost certainly happening here is that your husband is saying, 'My solicitor says'. And you are probably saying to him, 'My solicitor says'. I am really not going to get involved in resolving misunderstandings which arise in this wby David Terry - UK Divorce Forum
Re: Continual mortgage payments - 18 days ago
>>I understand as the mortgage is in my name i do have to keep paying along with all other bills in my name, however, the ex stated the even after divorce i could be made to continue paying the mortgage, is this right? could such a condition be submitted and is it legally bound?<< No, absolutely not. If she has the benefit of living in the house and you do not then the mortgage payby David Terry - UK Divorce Forum
Re: Refusal to authorise Consent Order - 18 days ago
>>I am perplexed because as two intelligent consenting adults surely the court would/should recognize and respect our wishes/decisions ?? << No. Two intelligent consenting adults can agree what they want but that does not mean (a) that the courts have to approve such an agreement if they think it unfair or otherwise against public policy or (b) that such an agreement would even beby David Terry - UK Divorce Forum
Re: Conditional order - 21 days ago
>>So, I would be right in holding out to apply for the conditional order. That is NOT what I said. You have a solicitor. I would suggest you speak to that solicitor.by David Terry - UK Divorce Forum
Re: Conditional order - 21 days ago
If you delay too long in applying for a conditional order your husband could apply to have your divorce application dismissed and then issue his own. A conditional order does not affect finances or pensions in any way. In fact there needs to be a conditional order in place before a court has jurisdiction to make a final order in respect of finances - whether by agreement or not. If you would loseby David Terry - UK Divorce Forum
Re: Financial Settlement - 22 days ago
You may have been married for 2 years and 10 months but you have a child of six years of age which tends to suggest that your relationship is longer than simply the length of the marriage and it will be treated as longer. In general assets acquired before the marriage - whether pensions or capital - and NOT mixed in any way with the matrimonial assets will be non-matrimonial. But, and this isby David Terry - UK Divorce Forum
Re: How to delay or slow down the financial settlement and any court proceedings - 22 days ago
Like I said, a Form E does not have to be completed by a solicitor and, unless a person has money to burn, it is totally unnecessary. The Form is designed so that it can be completed by non-lawyers. All you have to do is read the questions and provide the information and any documents required. If you cannot do it yourself then any half way competent adult should be able to help you to complete iby David Terry - UK Divorce Forum
Re: How to delay or slow down the financial settlement and any court proceedings - 23 days ago
You will be warned that you may be sent to prison for contempt. Court orders are intended to be complied with and it is your responsibility to ensure that you comply with anything you are directed to do. Like I said, if you need help to do that you should seek that help in good time.by David Terry - UK Divorce Forum
Re: What happens next? - 23 days ago
Well, some time after the conditional order you should submit the consent order to the court for approval. When you have that approval and the consent order dealing with financial issues has been sealed by the court you then implement it according to its terms.by David Terry - UK Divorce Forum
Re: Loans during separation - 23 days ago
Any loan he takes out would be in his name rather than yours so he would be responsible for paying it.by David Terry - UK Divorce Forum
Re: How to delay or slow down the financial settlement and any court proceedings - 23 days ago
A Form E can be completed by a litigant in person. It does not have to be completed by a lawyer although whoever does it should ensure they read the questions and provide any documents relevant to that question. If you need help you will need to seek that help.by David Terry - UK Divorce Forum
Re: How to delay or slow down the financial settlement and any court proceedings - 24 days ago
Your husband and the court do not have to wait for you. If litigation could be suspended by sick note the courts would grind to a halt. You will have to get whatever assistance you need in order to comply with the time table which will be imposed by the court. For what it's worth whether your husband has expensive lawyers doesn't affect the issue one way or another. The issue is whetherby David Terry - UK Divorce Forum
Re: Wife wants divorce - I dont! - 24 days ago
1. A marriage depends on two people. If one of them decides the marriage is over then the marriage is over no matter what the other thinks. 2. Statistically most applications for divorce are made by women. That decision is often quite clinical (and there is nothing necessarily wrong with that).by David Terry - UK Divorce Forum
Re: Loans during separation - 24 days ago
Well, if, say, there is £100,000 to be argued over, you each end up getting £50,000 and you each spend £5,000 in legal costs to get there you will, in effect, each end up getting £45,000 each. If his loan is actually spent on legal fees then it will be treated like legal costs generally in that you each pay for your own but one way or another those legal costs reduce the net value of the assets.by David Terry - UK Divorce Forum
Re: Divorce application, responded to. Now what? - 26 days ago
>>She has always had her eye on my pension and once said before we went our separate ways that if we separated it seemed silly to divorce as she would miss out on the pension! Bizarre but she said it.<< There is nothing bizarre about that. From her point of view it is perfectly rational. If you were to die before her while you are still married she would almost certainly benefit auby David Terry - UK Divorce Forum
Re: Refusal to authorise Consent Order - 26 days ago
Capital is clearly not being divided equally. The court wants to know why. You may or may not have a satisfactory answer to that but it is obviously what the court wants to know.by David Terry - UK Divorce Forum
Re: Documents when getting married again - 27 days ago
You need to speak to a Registrar of Marriages about this. They know exactly what is required.by David Terry - UK Divorce Forum
Re: Financial Split Advice - 27 days ago
Frankly, I don't think much of so called 'universal credit' so I am not going to comment on this and I don't actually know much about the rules for various benefits so I wouldn't be best placed to answer anyway.by David Terry - UK Divorce Forum
Re: Financial Split Advice - 28 days ago
If the matrimonial home is jointly owned and it is a joint mortgage then you will find it very difficult (perhaps impossible) to get another mortgage while that situation continues. For that reason alone you need to get this sorted. Whether it is practical to sell the house if the equity is only £120K and your ex has a negligible mortgage capacity is another matter but one way or another somethinby David Terry - UK Divorce Forum
Re: Divorce standstill - 28 days ago
You cannot apply for the conditional order. She must do it. If she delays too long (by which I mean months rather than weeks) you could apply to have her petition dismissed for want of prosecution. Such an application would normally prompt her to take action but if she still does not you would be able to issue your own application for divorce. Please note that whatever financial agreement youby David Terry - UK Divorce Forum
Re: Financial agreement - 29 days ago
Well, there are a number of things which should be said about this. 1. The marriage is well and truly over. Therefore he would be wise to get a divorce as soon as possible and to settle the financial issues arising from the marriage formally and finally. Unless and until he does this his wife is a stakeholder in everything he earns or receives. He does not need his wife's permission to geby David Terry - UK Divorce Forum
Re: Form D81 - 4 weeks ago
Parties are not directed to complete a form D81. That form accompanies a draft settlement which is submitted to the court for approval by agreement, Courts do not direct the completion of this form in isolation. They require it simply so that they can be satisfied that any settlement put to the court for approval by agreement has been done with both parties knowing the basic financial position ofby David Terry - UK Divorce Forum
Re: Child Arrangements - 4 weeks ago
Generally speaking the courts don't get involved with children during the divorce process. That is because most parents sort these arrangements out between themselves. That is not to say that there are perfect arrangements from day one. It is not uncommon for it to take some time to work out what arrangements work best. Court should only be a last resort. And by last resort I do not mean a dby David Terry - UK Divorce Forum