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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 FDR Cross Examination Questions - 1 year ago
>>What am i actually trying to prove with my questions? Only you know the answer to that.by David Terry - UK Divorce Forum
Re: Final FDR Evidence - 1 year ago
Without seeing all the paperwork and seeing the context of that paperwork I don't think anyone can advise you step by step. One can only make general observations.by David Terry - UK Divorce Forum
Re: Court Bundle - 1 year ago
>>It was ordered at the most recent hearing.<< Then the court will have had a reason for making that direction and what your wife's solicitors are doing seems to be a flagrant disregard of that direction. You are right to object in the strongest terms and to make your objection known to your wife's solicitor and the court. Courts don't like having their directions igby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 1 year ago
I think you will find that most people in England have a pretty good idea of how divorce law here works. The people who do not tend to be those from countries or cultures where things are decided differently. As to information pre-marriage, well, it is much like any important transaction. It is the responsibility of those entering into significant transactions to inform themselves as to thby David Terry - UK Divorce Forum
Re: Court Bundle - 1 year ago
>>The court previously ordered that the >1000 page bundle be reduced to a maximum of 500 pages. It rather depends when the court ordered this. If it was at the hearing immediately before the forthcoming hearing then you have a point. On the other hand if it was some time much earlier in the proceedings perhaps it has been superseded by later events. However, if it was the former tby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 1 year ago
I think you will find that wives in general are better informed about divorce than husbands. That is because wives tend to discuss this type of thing with friends and family, they read articles about it in magazines etc. Divorce - and the likely financial outcome - tends to come as more of a surprise to men because they tend not to discuss these topics etc. I very much doubt that anything is fby David Terry - UK Divorce Forum
Re: Final FDR Evidence - 1 year ago
A judge will give short shrift to any evidence which is irrelevant to the issues before the court - whether that is put forward by your wife or by you. Judges will tend to be polite but they are invariably firm on telling any party if in the court's view such and such evidence is irrelevant.by David Terry - UK Divorce Forum
Re: Final FDR Cross Examination Questions - 1 year ago
Basically you ask her questions about anything you disagree over.by David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 1 year ago
>>I believe the simple advice to try to divorce in the other jurisdiction is more than fair Except (1) You do not know what that other jurisdiction is. It could be North Korea for all we know. (2) In any event it matters not a jot because wife and children live in the UK so (a) they would win the forum argument based on forum conveniens and (b) the English courts would have jurisdby David Terry - UK Divorce Forum
Re: Really don't know what to do - please help - 1 year ago
Obviously you have grounds for divorce so you can divorce your husband any time you want. Also, obviously nothing compels you to continue to live with him and choosing to leave if you wish. Whether you can force him to leave so that you get to stay in the flat is another matter. There are two routes to that outcome. (1) You make an application for the transfer of the tenancy to you in a financialby David Terry - UK Divorce Forum
Re: Application for Decree Absolute - 1 year ago
You may not actually be able to obtain decree absolute until the financial issues arising from the marriage have been finally settled. That is because your wife may suffer some sort of prejudice if decree absolute is granted before financial issues are resolved. Such prejudice can take many forms. If that is the case and you make the application that will result in a hearing of which your wife wiby David Terry - UK Divorce Forum
Re: Looks like it’s going to go to final hearing 
- 1 year ago
It is impossible to give any meaningful answer to this because there is just not enough information. For instance, all of the following is potentially relevant (and there may be others):- 1. How long you were together and how long you were married. 2. Whether there are any dependent children and, if so, how old they are. 3. How old you and your husband are and how much you each earn approximby David Terry - UK Divorce Forum
Re: Final Order and non-molestation order - 1 year ago
>>Is it correct that the non-molestation order has nothing to do with the final order? << It is correct, yes. Since a non-molestation order can be obtained against a perfect stranger when you apply for a final order of divorce is unrelated to when you can apply for a non-molestation order. I will mention one thing though. It is that now the financial issues arising from the mby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
No, I do not acknowledge it is a defect. However, I can phrase it in such a way that it is a defect in your unnamed EU country. ''In such EU country it is the law that a wife and children can be left destitute after divorce, no matter how long the marriage has lasted, if the only assets belong to the husband who owned them before the marriage because the law in said EU country is infby David Terry - UK Divorce Forum
Re: Forced House Sale - 1 year ago
If the court order provides for the sale of the property then that order can be enforced. If necessary a District Judge will sign documents on your ex wife's behalf if she will not co-operate. The process is not quick because the court will need to be satisfied that every effort has been made to contact her and/or that she has been given the opportunity to sign the documents but in the lastby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
>>In my > EU country nothing like this could ever dhappen<< I would bet that if we actually knew which EU country this was we could probably point out 101 defects of one sort or another ......by David Terry - UK Divorce Forum
Re: D81 FORM FILLED IN - 1 year ago
How long it takes to draft a consent order depends upon how complicated it is and what other calls a solicitor has upon his/her time. More importantly, if it is by consent then obviously any draft has to be explained and approved by both parties. A solicitor does not necessarily have any control over how long third parties take. Also, you should bear in mind that it is not uncommon for there to bby David Terry - UK Divorce Forum
Re: Help with Decree Absolute D36 - where to send it etc - 1 year ago
Well, the fact is that if you are acting as a litigant in person - which you are perfectly entitled to do - you cannot reasonably expect a solicitor to walk you through every step of what you need to do. You would no doubt rely upon that advice and very likely hold the person giving it responsible. The fact is if you act as a litigant in person you need to spend time learning how to do what you wby David Terry - UK Divorce Forum
Re: Forthcoming divorce - advice on rights - 1 year ago
No-one with any sense gives advice via third parties. I am not going to do so.by David Terry - UK Divorce Forum
Re: Forthcoming divorce - advice on rights - 1 year ago
Whether he is dyslexic does not affect whether he can and should take his own independent legal advice. Regardless of what you may think his impending divorce has nothing to do with you or his family. He is an adult. He should make his own decisions and base those decisions upon impartial and independent advice which he should seek on his own account.by David Terry - UK Divorce Forum
Re: Forthcoming divorce - advice on rights - 1 year ago
Frankly, I don't think anyone should offer advice to your cousin through a third party - whether that is you, your family or anyone else. If your cousin wants legal advice he should seek it on his own account. That is the only way he is going to get impartial and independent advice which is what he needs.by David Terry - UK Divorce Forum
Re: Help with Decree Absolute D36 - where to send it etc - 1 year ago
Bearing in mind that all that seems to be left is decree absolute and actually filing the consent order (a) the work involved for a solicitor should be minimal and (b) dispensing with the services of a solicitor at this end stage looks like spoiling the ship for a ha'porth of tar.by David Terry - UK Divorce Forum
Re: Help with Decree Absolute D36 - where to send it etc - 1 year ago
From a post you have made on another thread it seems you have a solicitor. If so you should be asking your solicitor these questions. It would seem a bit strange if your new solicitor helped you obtain the consent order settling financial issues and then said you were on your own as to filing it with the court.by David Terry - UK Divorce Forum
Re: Impacts on Consent Order and Prior Agreements - 1 year ago
Then your husband has a point. This is the matrimonial home funded by you with no contribution to the deposit from your sister. Whether the deposit was saved for a number of years is irrelevant as is the fact that your husband had various CCJs or that he pays some bills while you pay others. I would say that he has a point in thinking that the equity should be divided between you equally. I thby David Terry - UK Divorce Forum
Re: Impacts on Consent Order and Prior Agreements - 1 year ago
>>I guess my husband has always seen the house as his and mine<< I don't know whether there is any justification in that or not because I know nothing of the circumstances under which your sister became a co-owner. There is something odd about a house being bought during a marriage but the title being in the names of two sisters with neither husband nor partner on the title. Mby David Terry - UK Divorce Forum
Re: serving Notice of Divorce proceeding - 1 year ago
You just get another sealed copy of the divorce petition from the court together with the accompanying notes and acknowledgment of service. Then you arrange to have them personally served on your wife. It does not have to be by a bailiff. It can be done by any adult who is prepared to swear a statement confirming that it has been done and explaining how the right person was served. YOU cannot doby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
Frankly, it is impossible for me or anyone else to know what the answer to this without seeing all the paperwork and knowing what all the issues are. I am certainly not going to criticise any solicitor without seeing the paperwork upon which any decisions are based.by David Terry - UK Divorce Forum
Re: D81 FORM - 1 year ago
A consent order does what it says on the tin - it is by CONSENT. You need to see it, approve it and sign it before it can be submitted to the court otherwise it is self evidently not by consent. Oh, and one other thing. You should NOT sign anything prepared by your wife's solicitor before you have taken your own independent legal advice on it. Your wife's solicitor is acting for herby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
I think I have already told you that these things are not really relevant to whether she is entitled to maintenance or not. I doubt whether a court is going to want to spend much time on them.by David Terry - UK Divorce Forum
Re: disabled child - 1 year ago
Well, you are fortunate that you have the flat as well as the matrimonial home. I don't think for a moment your wife will have the flat (provided you keep it in your name and under no circumstances let her occupy it). If you are employed through your company and it is basically the vehicle through which you make your living then ultimately any shares in that company which are in the name ofby David Terry - UK Divorce Forum