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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: Consent Order Done. House Not Selling Despite Lowering Asking Price. Ex Now Wants Me to Buy Them Out Cheaper? - 4 days ago
I suppose if you want to sell it and move on anyway it is a matter of reducing the price until you do get a buyer. Although you could buy your ex out at a reduced valuation there is nothing to say that valuation actually represents what the house would sell for. Also, of course, if you buy out her share you may just be postponing the difficulty of selling which then becomes your problem rather thby David Terry - UK Divorce Forum
Re: Final hearing - 7 weeks ago
If the property has been on the market for a year and your ex refuses to accept the advice of the estate agent then a court will want to settle the matter once for all. How it will do that will depend upon the evidence presented to it and the arguments you each put forward to advance your respective positions. On the face of it your ex's position seems unreasonable.by David Terry - UK Divorce Forum
Re: Reasonable offer? - 2 months ago
Bearing in mind the ages of the children I think it is reasonable that your wife makes some effort to work or retrain going forward. Unless there is some history of being able to generate a meaningful income from it I cannot see painting cutting the mustard. Similarly it is not reasonable to expect you to pay very high maintenance to cover a mortgage that would be unnecessary if your ex movedby David Terry - UK Divorce Forum
Re: Reasonable offer? - 2 months ago
>>Her lawyer has told her that she can get spousal till the youngest finishes higher education or university.<< I assumed that is where the 2029 came from but if this is the reason it should be expressed as such and not as some arbitrary date. \after all, the youngest may drop out of university or take never ending course. If this is the reason it should make that the limit and speby David Terry - UK Divorce Forum
Re: Reasonable offer? - 2 months ago
Well, there are two properties which puts you in a better position than if there was just the family home. Also, the ages of the children are such that they are not likely to be dependent for that much longer. Within that context it is hard to see why your ex should get to keep the flat and have 60% of the equity in the house. That proposed division looks unreasonable. Similarly it isn'tby David Terry - UK Divorce Forum
Re: Prenup Solicitors Recommendations / UK - 2 months ago
Well, there are two things worth mentioning. 1. Pre-nups are not 100% waterproof in England at the best of times but, basically, if any pre-nup has to have a hope of enforcement it is essential that both parties have had legal advice and that is recorded on the document. That makes the use of solicitors almost obligatory in order to enforce a pre-nup. 2. Not many (if any) solicitors will siby David Terry - UK Divorce Forum
Re: Final hearing - 4 months ago
Bearing in mind that you are only £5,000 and presumably corresponding with her solicitor it seems very likely you will reach agreement, Certainly the difference hardly seems worth going back to court about. Perhaps they are dragging their heels. There is nothing unusual about that. Sometimes delay suits one side more than the other. You could suggest a proper valuation by a building surveyor wby David Terry - UK Divorce Forum
Re: Final hearing - 4 months ago
Before making an application like this it would be sensible to take proper legal advice. This is not a routine application.by David Terry - UK Divorce Forum
Re: Final hearing - 5 months ago
It's good evidence and it's in writing.by David Terry - UK Divorce Forum
Re: Final hearing - 5 months ago
You can go back to court if you can prove you are prepared to offer a figure which she was willing to accept from someone else. The best evidence is an offer in writing from a third party which she has accepted in writing. Emails will do. But if everything was 'verbal' you can be quite sure you will be met with denial. Hard proof is what you need before going back to court. As to howby David Terry - UK Divorce Forum
Re: Form A - 5 months ago
If he doesn't think you should have anything the question has to be whether that is reasonable. And that depends on a lot of things such as what the assets and incomes are, the length of the relationship, whether there are any dependent children or disabilities etc. The list is endless but these tend to be the most common or important. If any of them are significant you may be wise to seeby David Terry - UK Divorce Forum
Re: Form A - 5 months ago
Losing time for what is the question. If you and your ex are agreed about the financial outcome then it really isn't an issue. In that case you simply file an agreed consent order when you have the conditional order. Even if you are not agreed it is still possible you might agree or even that the circumstances are such that it doesn't matter. 'Losing time' only becomes signifiby David Terry - UK Divorce Forum
Re: Final hearing - 6 months 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 - 6 months 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 - 6 months 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 - 8 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 - 8 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 - 8 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 - 9 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 - 9 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 - 9 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 - 9 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 - 9 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 - 9 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 - 9 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. - 9 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. - 10 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. - 10 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. - 10 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