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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: D81 FORM - 1 year ago
Disclosure by way of a D81 form needs to be mutual. If it is not mutual it is meaningless. Obviously you can take a copy of the form as you have signed it and her solicitor can be informed that no Form D81 or consent order is to be filed with the court unless you have first seen a copy of what is to be filed. If this is put in writing and you keep a copy then your position should be protected. Inby David Terry - UK Divorce Forum
Re: disabled child - 1 year ago
A court will give a lot of weight to the special needs of your son and the needs of both children will come first. Your wife does not work and has no history of doing so since your son was born. You also seem to acknowledge that she cares for your son who needs a lot of help. This isn't really a case which is about the division of capital. Basically you have to work out where your wife anby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
It is actually quite easy to tell people what they want to hear but doing that where litigation is concerned does them no favours. I have lost count of the number of hopeless cases I have seen being fought which firm advice at the outset might have avoided. Of course, people are always free to ignore advice. That is their prerogative (and sometimes they are right to do so). All the same, it is usby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
The courts are obliged always to consider whether there should be a clean break and they will only order maintenance where that is actually necessary. It is your wife who is claiming maintenance and so the responsibility is on her to explain for how much, for how long and why. If she cannot satisfy the court on these points the court will not award her maintenance. It is as simple as that. The faby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
>>My wife wants maintenance! THAT appears to be her sticking point. My take it or leave it offer includes that I will not pay ongoing maintenance to a woman who got away with physical abuse for 2 years and had ME arrested for it. I think you will probably find that whether your wife is entitled to maintenance or not will depend upon the figures, why she says she needs maintenance and howby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
>>they are supposed to keep increasing offers until one is acceptable, because that is negotiation.<< No, absolutely not. That is not how negotiation works. It is not uncommon in situations like this for one spouse to be completely unreasonable. A completely unreasonable spouse will sometimes say, 'I want absolutely everything. You get nothing.' You cannot 'negotiateby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 1 year ago
Well, the main missing information was the income. (Actually looking at your original post I see it was there so I am not sure why I missed that). Based on the income figures I see no reason why there should not be a clean break. Your wife clearly has a significant earning capacity so there is no obvious reason why there should not be a clean break. Whether capital will be divided equally rathby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
Frankly, I don't understand your obsession. As has been repeatedly pointed out to you, you do not have to get married and you are apparently unmarried. So long as you remain unmarried you can do what you want with your assets whether you choose to live with someone else or not. There were 624,828 live births in England and Wales in 2021. Of those more than 320,000 were outside a marriageby David Terry - UK Divorce Forum
Re: Impacts on Consent Order and Prior Agreements - 1 year ago
I am not clear about the house. I am assuming from what you say that you and your husband live in it as well as your sister and her partner. On the face of it if the property is jointly owned by you and your sister and the equity is £100K then your share of the equity is £50K so if your husband was entitled to half that would come to £25K. Or perhaps there is something I have not understood here.by David Terry - UK Divorce Forum
Re: Expected Financial Split? - 1 year ago
Actually, you cannot tell whether it is a 'standard case' because (a) you have presumably no experience of how any case has been decided in court let alone hundreds and (b) it is quite obvious that important relevant information is missing. There is no especial reason the poster should have known that but essential information is missing nevertheless.by David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
I can only go on what you have quoted and what you quoted did not bear out what you were saying. Having said that, I have now looked at the draft bill. There are some observations to be made. First, these are no more than proposals and proposals taking the form of a draft bill originating in the House of Lords. It is almost inconceivable that a bill brought forward in the Lords would not beby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 1 year ago
It rather depends what your respective incomes are (or, to be more precise, your respective reasonable earning capacities). Say A and B have similar housing needs. Say the cost of that housing would be £400K. Say the matrimonial capital to be divided is also £400K but A earns £10,000 per annum and B earns £100,000 per annum. In such circumstances A is likely to get more than half of the matrimby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
No, actually you misread what you have quoted. The proposals do not say - as you do - that premarital assets should be retained come what may. The proposal you have quoted suggest that assets acquired during the marriage should be divided equally. That is something rather different as any lawyer could tell you. Furthermore please note the other points in what you quote. First, pre- and post-nuby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
I see that I was right about you taking your information from the FT. On a subject like Brexit that is a sure fire way of misreading what most people think. As it happens I was taught family law by Ruth Deech at Oxford and I can't say that I was much impressed at the time. Be that as it may, notice it says, 'spousal maintenance limited to five years unless the spouse would otherwiseby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
It is very difficult to establish 'unreasonable negotiation' because sometimes just rejecting a proposal is all one can do. You can see a clean example with the junior doctors' strike. So far as I can make out the junior doctors want something like a 30% increase in pay and/or restoration of their pay to its purchasing power in 2009. The government, unsurprisingly, says that the taby David Terry - UK Divorce Forum
Re: Final Narrative Statement (Response) - 1 year ago
Each party cannot just keep endlessly submitting statements and evidence in response to the other. Each can only file and serve statements which have been ordered by the court. If the rule were otherwise it would result in total confusion. The courts restrict statements in the interests of keeping litigation within bounds. You can raise whatever is relevant in cross examination. However, you canby David Terry - UK Divorce Forum
Re: Legal aid - 1 year ago
Well, the first thing it is important you understand is that if you recover any property or anything with any monetary value in your litigation you MUST inform the Legal Aid authorities. That is because you have been in receipt of Legal Aid and the chances are that the Legal Aid bill you have incurred far exceeds your monthly contributions. Legal Aid is not a grant. It is effectively a loan. Andby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
I have deleted the posts of ConfusionReigns. Life is too short for me to spend time refuting what is really abuse rather than argument.by David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
The point no remainer or supporter of the EU addresses is the issue of the democratic deficit. Laws are made not by the so called 'Parliament' but by unelected officials - namely the European Commission. And no voter has any say over who sits on the European Commission or has any say over getting rid of one or all of them. The problem is worse than that because so far as I can see thby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
>>The fact that you highlight this VAT thing as one of the main achievements speaks for itself. No. Try reading what I said. I referred to it as minor but illustrating how the EU even arrogates to itself control over such minor matters. And note that no voter anywhere had any say in it. Even today I see that Meloni has imposed a windfall tax on Italian banks and the ECB is complaining aby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
BTW, you probably think that the views of the Financial Times, the Independent, the Guardian and the BBC represent the views of Britain. They don't as the Brexit vote (and the subsequent election of Boris Johnson) illustrated very clearly. They speak to an echo chamber. And if you look at their circulation figures you can see just how small that echo chamber is. To understand Britain you neeby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
What absolute bullshit. First, I am reminded of Matthew 6:21, 'For where your treasure is, there will your heart be also'. Your treasure is clearly money and that blinds you to everything else. And, who gives a damn what the law is 'all over the EU'? Who in their right senses considers the EU as the world's law giver? This country is not in the EU and the Common Lby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
I think we have established he lives here. What he is much more cagey about is which country 'my EU country' actually is.by David Terry - UK Divorce Forum
Re: Home Contents - 1 year ago
I don't really think any of this is worth my further comment.by David Terry - UK Divorce Forum
Re: Home Contents - 1 year ago
>>Or in your wife's case, she got someone who hasn't realised they're advocating for an abuser and it's all going to blow up in their face at some point in the near future.<< There a few things about this. First, we don't know whether the wife is an abuser or not. Certainly the husband says so but that is only one side of the story. The husband may be rightby David Terry - UK Divorce Forum
Re: Home Contents - 1 year ago
These are chattels. And they are chattels you are currently without so your life or health hardly depends upon them. Litigating chattels is a mugs game unless they are the Crown jewels in which case they would not be in a container.by David Terry - UK Divorce Forum
Re: Home Contents - 1 year ago
She says you do not have to pay when she empties the container so the choice is yours. Really, this sort of stuff isn't worth litigating over.by David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
You can't prevent your wife borrowing money, no. Whether you end up paying for it remains to be seen. Despite what some people think the courts do try to balance the needs of both parties.by David Terry - UK Divorce Forum
Re: Final Narrative Statement - 1 year ago
The point of an FDR hearing is to try to reach agreement. It is a meeting held without prejudice so that proposals to settle can be made without those proposals being used against you later. At an FDR a judge will also express an opinion if asked to do so and/or the judge thinks it would be useful. Because of this most cases do settle at an FDR but they can only settle if both parties agree. A juby David Terry - UK Divorce Forum
Re: Mortgage Raising Capacity request - 1 year ago
Debt certainly can be taken into account. Say, for instance, (assuming there are the funds) X requires £200K to fund a property purchase and also has £20K of debt. It would certainly not be unknown for spouse Y to have pay a lump sum of £220K rather than £200K. Having said that, everything depends upon the figures and individual circumstances. There may simply not be enough to pay £220K and alby David Terry - UK Divorce Forum