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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
"Dr" Mousa has spammer friends. - 6 months ago
Surprise, surprise. After deleting "Dr' Mousa and his scams I am now inundated by more scam from more so called "Drs" Of course, they could be the same person. Scammers do usually adopt many aliases, after all. "Dr" Bilal and "Dr" Lux are promoting the same sort of bullshit. The contents of their posts speak for themselves. They are nonsense which prey onby David Terry - UK Divorce Forum
Re: Partner moved out. Gone from 50/50 bills to 25/75 - 7 months ago
The council tax discount has no bearing on the final settlement so the sooner you apply the better. Your ex no longer has the benefit of living there but you do so some sort of adjustment to contributions may be reasonable enough. The current situation is unstable so there is an incentive to get it sorted.by David Terry - UK Divorce Forum
Re: Does this look fair? - 7 months ago
It is not unreasonable if you are both happy with it but it might be a good idea to both attend mediation to talk it through Also you should seek your own independent legal advice before you actually sign anythingby David Terry - UK Divorce Forum
Re: Final hearing - 7 months ago
Just write to them and say that if they don't reply to your request about a final order within 7 days then you will apply and if you have to do that then you will seek the costs from them As to the price of the house you would need further advice from the estate agent if there was no interest at the original suggested priceby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 7 months ago
It's hard to tell without seeing the order and annex. As I recall this actually went to court so the order was probably settled between two barristers and approved by a judge. It is impossible to know for certain without seeing the order but my guess would be that the pension was worth £6,000 odd at the time and the intention was to pass 100% of that to her, I doubt that anyone anticipatedby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 7 months ago
Well, I suppose the pension company has the problem. I can't see your ex handing it back. Of course, what you asked them should really be answered but whether you think it worth the hassle is your call really.by David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 8 months ago
>>Am I correct in thinking that at the time of the sharing order, the pension was valued at £6k = 100% but since then it may have gone up (or down) thus making the 100% now not applicable?<< Probably, because that seems to be the most likely reason a figure and a percentage were mentioned. Having said that, if both were mentioned it is also quite possible that the figure was what iby David Terry - UK Divorce Forum
Re: Delay to Final Order - 8 months ago
The most common reason for not applying for decree absolute within 12 months is because it took longer to get the finances formally sttled. Where that applies it is a perfectly good explanation for the delay and one which the courts are very used to.by David Terry - UK Divorce Forum
Re: Continue to Save as Normal Prior to Partner Filing? What spending is allowed? - 8 months ago
Rather than fret about this sort of thing it would be better to just get on with a divorce if the marriage is over.by David Terry - UK Divorce Forum
Re: Wife Has Suggested Divorce After 4 Years - Split My Savings? - 8 months ago
If your wife paid off her car loan it is hard to see how you could be criticised for paying off your student loan. The worst that ould happen would be that it was counted back in as part of your share,by David Terry - UK Divorce Forum
Re: Wife Has Suggested Divorce After 4 Years - Split My Savings? - 8 months ago
Andy is right when he says that trying to save a marriage which one spouse thinks is dead is a mug's game. In fact be very wary if your wife says she has changed her mind. It is not uncommon for people to say this even though their under;ying opinion hasn't changed. The words are sometimes just as way to gain time in order to get a better financial outcome. At the moment this is not anby David Terry - UK Divorce Forum
Re: Final hearing - 9 months ago
One simply applies for it. If the application is by the person who issued the divorce petition then the application is dealt with as a matter of paperwork. If made by the other spouse there has to be a formal appointment when parties are expected to attend. The latter involves more cost. If more than 12 months have passed since decree nisi (or conditional order) then the court needs certain additby David Terry - UK Divorce Forum
Re: Delay to Final Order - 10 months ago
>>Do I need to write to the court on the birth of the child before the 12 months is up? No. Although once the 12 months are up a court will want to know about the birth of another child before granting decree absolute. In many cases such a child will be irrelevant because the child is often by a new partner. If the child is not by a new partner then a new child between the divorcing coupby David Terry - UK Divorce Forum
Re: Delay to Final Order - 10 months ago
If you apply after 12 months all that happens is that a court asks for certain additional information such as whether you have reconciled, resumed living together etc. The most common reason given for not applying within 12 months is that financial issues have not yet been settled so this 12 months business is not quite as important as you might think. Obviously if you are going to miss this 12 mby David Terry - UK Divorce Forum
Re: Final hearing - 10 months ago
>>As the home has to be sold- the judge did not really put a timeline on when and value to be sold at? He did say i hope you sell it for as much as you can to help both of you out.<< I would be surprised if that was correct. Without some sort of timescale an order for sale would be unenforceable. There will be a means of enforcement in there somewhere. >>Also my barristerby David Terry - UK Divorce Forum
Re: Final hearing - 10 months ago
These things are always stressful. Now that a decision has finally been made you will be able to put all this behind you after the order has been implemented.by David Terry - UK Divorce Forum
Re: Final hearing - 10 months ago
Depends what's in this 'bundle'. If it contains documents which are not permissible for one reason or another at worst the hearing might have to be adjourned at your expense. You should not do this without first taking legal advice to avoid that risk.by David Terry - UK Divorce Forum
Re: Final hearing - 10 months ago
The reply suggests that your documents will be included but without annotations added by you. That is correct. You are entitled to put forward the documents you would like included but they must be the original documents and not ones that you have annotated. To the extent that you are making points in those annotations those points can be raised by you in cross examination and in submissions at aby David Terry - UK Divorce Forum
Re: Roughly, what's a fair split? - 10 months ago
There a few bits of information missing such as how much equity there is in the former matrimonial home and the ages of the children. Having said that, your wife earns £160K compared to your £58K and her pension is worth £250K compared to your £115K. On the face of it that should mean that the equity should be divided equally and that there should be a pension share in your favour to equalise theby David Terry - UK Divorce Forum
Re: Final hearing - 11 months ago
They were entitled to submit questions in a questionnaire or questionnaires approved by the court. If you have answered those questions you are not obliged to answer endless continuing questions in correspondence. That is the whole point of court approved questionnaires. It is designed to prevent never ending interrogation (and the cost that incurs). Of course, it can also be a matter of commoby David Terry - UK Divorce Forum
Re: Final hearing - 11 months ago
That is the sort of thing that people are cross examined upon when they give evidence. Proper cross examination and closing submissions is how these things are tackled.by David Terry - UK Divorce Forum
Re: Final hearing - 11 months ago
One week before a hearing is not unreasonable. You should keep copies of your correspondence saying you were ready to exchange so that you can produce it if there is an issue about the timing of disclosure on the day.by David Terry - UK Divorce Forum
Re: Court Fees Unable To Be Paid - 11 months ago
The general rule in this type of litigation is that each side pays their own costs. No-one can count on getting their costs paid by the other side. Costs are taken into account as a liability in assessing each side's financial circumstances but since costs on both sides often of broadly similar amounts they tend to cancel one another out (although not always).by David Terry - UK Divorce Forum
Re: Final hearing - 12 months ago
An exhibit is something like this. Statement, 'I have a broken arm. (Exhibit 1)'. Exhibit 1: X-ray of broken arm. In your case I think the other side is going to be responsible for preparing and paginating the bundle so you just need to make sure that documents you want included are included.by David Terry - UK Divorce Forum
Re: Major Divorce Issue - 1 year ago
The fact is that she can't get the divorce annulled simply because she didn't know about it. People can get a divorce based on five years' separation even when the other spouse cannot be found, let alone served with the papers. That is not the test. The test is whether every reasonable effort was made to locate the other spouse and to serve the papers. Sometimes there are good reasby David Terry - UK Divorce Forum
Re: Major Divorce Issue - 1 year ago
I think I can lay your mind to rest about bigamy. So far as you (and a court) were concerned you did obtain a divorce before remarrying. Unless it can be shown that you deceived the court and deliberately obtained a divorce by fraudulent means it is extremely unlikely you would be prosecuted for bigamy (let alone receive any significant sentence). On the issue of whether you should get the oriby David Terry - UK Divorce Forum
Re: Captalised spousal maintenance - 1 year ago
All your numbered points are valid. I doubt that any court would compel you to pay capitalised maintenance under these circumstances so if you can't afford to pay it and you don't want to (for the good reasons that you have given) then just say, 'No'.by David Terry - UK Divorce Forum
Re: Trying to avoid a Pension Sharing order - 1 year ago
>>My concern was that the court would review the agreement and ask for evidence to support the amount to be paid, or with a sum this low are they simply going to accept it as part of a clause in the financial order?<< Obviously if there is a disparity of pension provision a court will consider how that is addressed. And there is space on the fiinancial form which accompanies a consby David Terry - UK Divorce Forum
Re: Trying to avoid a Pension Sharing order - 1 year ago
Well, I am not sure they need to do that. Obviously they can if they want but the difference in pension values here seems to be £57,888.88 (which presumably fluctuates almost daily). A cash equivalent would not be half (£28,944.44) for the reasons I have already explained so we are talking about a figure probably nearer £20,000. That is not really a life changing sum. Many people do agree on theby David Terry - UK Divorce Forum
Re: Trying to avoid a Pension Sharing order - 1 year ago
>>The difference is £57,888.88. Is it reasonable for my friend to request half of that amount as a cash payout and leave both pensions intact? No, it isn't. Money in a pension is not equivalent to cash. If you doubt that then consider that pensions suddenly became worth a lot less when Trump announced 'Liberation Day'. That can happen to pensions at any time quite apart fby David Terry - UK Divorce Forum