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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: Spousal Maintenance - 2 years ago
Whether she is entitled to maintenance - even for a short time - depends upon whether she actually needs that maintenance and whether you can afford to pay.by David Terry - UK Divorce Forum
Re: Absolute decree for respondent - 2 years ago
Because there are pensions your wife can legitimately object to you obtaining decree absolute because she would suffer prejudice if decree absolute was granted before financial issues are formally and finally resolved. You would very likely lose your application and be ordered to pay your wife's costs.by David Terry - UK Divorce Forum
Re: Evidence - 2 years ago
A solicitor can only give advice. Clients can and do ignore advice. Also, it has to be said that sometimes it is not a solicitor who actually has conduct of a particular matter. Sometimes it may be someone quite junior or inexperienced.by David Terry - UK Divorce Forum
Re: Pensions - 2 years ago
>>Her solicitor wants me to pay her half the difference No. That is wrong. I am pretty sure that comes from your wife rather than her solicitor. £29K in a pension is not the same as £29K in cash and it should not be treated as such. In fact the value of these pensions and the difference between them is almost insignificant. If any adjustment is made in cash terms that adjustment should bby David Terry - UK Divorce Forum
Re: Evidence - 2 years ago
>>Is evidence (assuming it is relevant) permitted if it is taken from my private mobile phone, in a situation whereby I left my phone unattended and neglected to lock it? No, such evidence is not permitted (assuming it was a phone solely used by you and not used jointly with your wife). It is information to which you had the reasonable expectation of privacy. It is not information to whby David Terry - UK Divorce Forum
Re: Consent Order - 2 years ago
>>My main question is , the possessions and items I own in the house, what happens to them? Unless the issue of your possessions is dealt with specifically in the consent order the chances are that your wife will simply dump your stuff. It is your responsibility to see that does not happen by ensuring that the consent order deals explicitly with the issue. Like I said, your wife'sby David Terry - UK Divorce Forum
Re: Final Narrative Statement - 2 years ago
Absolutely not. If the judge at the final hearing were to have any knowledge of what passed at the FDR that judge would have to recuse him/herself and the hearing would be aborted. The person responsible - if one of the parties - would be ordered to pay the costs. The whole point of an FDR is that the entire proceedings are 'without prejudice' (unless agreement is actually reached).by David Terry - UK Divorce Forum
Re: Looks like it’s going to go to final hearing 
- 2 years ago
>>I am writing an email on behalf of my solicitor to go to the wife's. Don't do it. That way lies utter confusion. You have a solicitor. All correspondence like this should come from your solicitor. It is far too easy to get this wrong.by David Terry - UK Divorce Forum
Re: Looks like it’s going to go to final hearing - 2 years ago
>>Should we be putting forward an ‘open proposal’ or ‘proposals without prejudice’? Is there a difference Yes, there is a difference and either or both should be put through your solicitor. You could get into a hell of a mess if you emailed either the other side or the court direct. I once attended an FDR where we were putting forward reasonable proposals on behalf of the husband only foby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 2 years ago
For the record, I have deleted the last post by Randomer4040. I really can't see the point of a person endlessly repeating the same thing. I don't think it adds anything for anyone. This forum is about English divorce law. It is not about what a foreign national living in the UK thinks about one aspect of English divorce law - which is basically that he should be allowed to keep whatby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 2 years ago
>>They seem to think that the sensible rule of 5050 of post marriage asset only applies.<< No. YOU think that. In my experience most people think assets should be divided equally. Of course, the actual position is much more nuanced than that but people can't be expected to know the details without seeking advice. In practice there are many reasons why it may be appropriate toby David Terry - UK Divorce Forum
Re: Final FDR Cross Examination Questions - 2 years ago
>>So my question is just what direction should the cross examination take, in order to have the best possible chance of winning the favour of the court? << How can anyone here possibly know? Only you and your wife (and your wife's solicitors) will know what the issues are. In every divorce the issues are different. There isn't a one size fits all guide for cross examinatiby David Terry - UK Divorce Forum
Re: Court Bundle - 2 years ago
>>Does this mean, what I expect, that if they wanted to exceed te 500 page limit set by the court, they would have to apply (formally), clearly BEFORE the hearing (which is in 7 days), and I would be given an opportunity to raise objection before the court approves the request? I think that is what it says. << That is what it means, yes. Mind you, the words, 'they would have tby David Terry - UK Divorce Forum
Re: Form H - 2 years ago
The purpose of the Form H is so that both parties know how much the litigation is costing. Since those costs usually diminish what is available to divide both parties each side needs to know the other's costs as well as their own. Your wife's Form H is being sent to you for information purposes. You should also send yours to your wife's solicitor.by David Terry - UK Divorce Forum
Re: Final FDR Cross Examination Questions - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years ago
Basically you ask her questions about anything you disagree over.by David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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