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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: 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
Re: D81 FORM FILLED IN - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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) - 2 years 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 - 2 years 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) - 2 years 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 - 2 years 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
Re: D81 FORM - 2 years 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 - 2 years 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) - 2 years 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) - 2 years 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) - 2 years 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) - 2 years 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? - 2 years 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 - 2 years 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 - 2 years 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? - 2 years 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 - 2 years 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