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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: First hearing complete - 7 months ago
>>Am i in fault here ? Will i get penalised for this. You will not be penalised if all the directions which apply to you are complied with in good time before the next appointment. If you do not comply in good time and the next appointment is abortive as a result then you will be ordered to pay the wasted costs. Having said that, unless it is expressly agreed in writing with the otherby David Terry - UK Divorce Forum
Re: First hearing complete - 8 months ago
Courts ALWAYS attach timescales to directions otherwise they would be meaningless. In this case what seems to have happened is that the court set out the timescales but you do not know what they are and you are waiting for the court to send the written order. The problem with waiting like that is that by the time you receive the written directions (and occasionally they are never received) the tiby David Terry - UK Divorce Forum
Re: First hearing complete - 8 months ago
>>Do i not need to wait for directions from court before answers exchanged ? Not necessarily. Say, for instance, there was a court appointment on 1st August which made directions but the court had still not sent out the directions until 1st September. The fact is the directions were still made on 1st August and need to be complied with. The written directions are just a formal printed doby David Terry - UK Divorce Forum
Re: House repair - 8 months ago
You certainly should seek a legal opinion upon any proposed terms of settlement. Your ex's solicitor is working for her not for you so you can expect her solicitor to argue for the maximum he/she thinks can be obtained for her. That isn't necessarily what a court would think was fair. In this case your wife (a) has a long history of alcoholism, (b) she already lives separately in her owby David Terry - UK Divorce Forum
Re: House repair - 9 months ago
>>Should I just say no to the repairs? Yes. You should not agree to fund the repairs unless there is a definite agreement in place that you are happy with so that (a) you recover the cost and (b) that the property is valued at a figure which is acceptable to you (assuming that it is not a value that will be determined by an actual sale). >>The latest is a threat to seek a courtby David Terry - UK Divorce Forum
Re: Ex moved abroad - 9 months ago
He does have a point. If he is not removed from the mortgage he will (and does) find it next to impossible to get another mortgage. And if his new partner is from Slovakia and, for various reasons, he has a bona fide reason for moving there you cannot to much to stop him. And if he has no money he can't pay maintenance or the previous level of maintenance. It is true that if, say, the couby David Terry - UK Divorce Forum
Re: First hearing complete - 9 months ago
>>Judge said he was a fan of open offers and i am thinking i will send an open offer . Be careful about that. Say you and your ex (for the sake of argument) are in dispute over the sum of £100K. Say you make an open offer to share the £100K equally. That is not necessarily unreasonable BUT note that an open offer means that if you do not reach agreement and the case goes to a final heariby David Terry - UK Divorce Forum
Re: First hearing complete - 9 months ago
That worked as it should have. A judge SHOULD always read the paperwork and delete and/or amend questions in a questionnaire which are irrelevant, disproportionate or otherwise unnecessary. Having said that, it often doesn't pan out like that for all sorts of reasons. The judge may have a lot of cases on his/her list to get through, he/she may want to get off early or just having a bad day.by David Terry - UK Divorce Forum
Re: ES2. - 9 months ago
You should certainly be sent copies of both forms. You should request those copies in writing and if they do not comply you should refer the court to your written request. The forms are designed so that the content does NOT need to be agreed and there is provision on both forms to highlight items which are not agreed. Obviously if you are not sent copies it is difficult to know what items if anyby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
>>Lastly im assuming in first hearing judge makes a direction which questions we are to answer ? Correct. You will tell the judge you object to supplying three years' worth of returns and your ex will then have to justify why she says it is necessary. The judge will then decide. You do need to object to any questions which you think cannot be reasonably justified or which you say arby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 9 months ago
Hm, well, from hatching at 48 grams goshawks grow insanely fast to their adult size at about 12 weeks. Growth like that needs a lot of food and, in particular, it means the bird has to eat everything it needs to grow bones, feathers, talons, beak etc. So day old chicks have to be plucked, chopped up very fine, bones beak and all, and fed every couple of hours. She would get through about five inby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 9 months ago
>>I have been onto Std Life and they said they need her to send in 3 documents SHARING ANEX COURT ORDER DECREE ABSOLUTE or FINAL ORDER<< Remember, if she says YOU need to do anything she must send you those documents too so that you can check for yourself. It isn't a matter of just accepting what she says. Yes, I have now retired although quite busy. Here is a pic of aby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 9 months ago
This is sixteen years after the event and, as you say, your ex wife was a certain type of person. Therefore you cannot necessarily assume that anything she says is actually true. All you can do is to make sure that all the paperwork demonstrates that you are not being unreasonable so you should keep your communications with in writing and keep copies. Tell her that so far as you recall that the cby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 10 months ago
>>Am i allowed to ask in my questionaire, for a letter from her employer stating the reason for her sudden unemployment ? You are certainly entitled to ask for evidence that the change in your ex's emplyment status is involuntary on her part, yes. In a way it doesn't matter much because what matters is earning capacity rather than earnings and your ex has already proved she hasby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 10 months ago
>>They view my form E on portal. Essentially having the upper hand.<< Well, hardly. You have the obligation to disclose your financial circumstances as your wife has an obligation to disclose hers. It is difficult to see how the financial position of either of you changes simply because one sees the other's form first.by David Terry - UK Divorce Forum
Re: when to start drafting financial consent order - 10 months ago
>>We have agreed everything but when I contacted a solicitor they said they wouldn't draft the financial consent order until I have applied for the Conditional order, Unless they have some convincing reason for that advice you may wish to consider instructing a different solicitor.by David Terry - UK Divorce Forum
Re: House Sale woes - 10 months ago
>>The Court order states “house to be marketed for sale immediately” dated mid June. Are you absolutely sure that is all the order says? I ask because the whole point about court orders is that they are intended to be enforced if necessary. That is why they always (or should always) have firm timescales. For instance, in the circumstances you mention the order would usually say,'Theby David Terry - UK Divorce Forum
Re: Back to Court - 10 months ago
>>The court ordered a clean break! Then the notion that your (ex) wife can seek 'retrospective spousal maintenance' is absurd. The only way should could have obtained such maintenance would have been by sucessfully appealing the order (which is very difficult to do at the best of times before even getting to the difficulty of persuading a court that a clean break was such a badby David Terry - UK Divorce Forum
Re: Back to Court - 10 months ago
So far as I can see, from the many previous posts, this order was not 'agreed'. It was decided by a judge after a contested two day final hearing. Whether it can be varied depends upon its exact wording. If the order provided for a clean break (ie no periodical payments for the benefit of your (ex) wife) then it cannot now be varied to provide for such payments. If such payments were prby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 10 months ago
The portal is open to both sides.by David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 10 months ago
The time specified by court orders (unless specifically different) applies to each party independently so if a court directs that Form E be filed with the court by a certain date A should do that even though B might not. Exchange is slightly different in that it is always sensible to agree a day for exchange with the other side and not to do until there is such agreement. On the other hand, if noby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 10 months ago
I am glad it has worked out. This type of litigation is to be avoided if at all possible because it is expensive, time consuming, stressful and the outcome can never be predicted with absolute certainty. Still, sometimes it is unavoidable. For what it's worth barristers usually hand over their position statements on the day of the hearing. Basically they amount to what the barrister will sayby David Terry - UK Divorce Forum
Re: when to start drafting financial consent order - 10 months ago
>>Question1. how long from applying for conditional order to receipt of certificate? Typically it is less than a week before the conditional order is granted although if you do mean 'receipt' in the sense of bein in your hands that depends upon how long it takes the court staff to type it up and for Royal Mail to deliver it. If these things are done online the latter two sourceby David Terry - UK Divorce Forum
Re: Do we really need a solicitor for a straightforward Consent Order? - 10 months ago
The court has jurisdiction to make a final financial order at any time after (not before) the conditional order has been made. Therefore if you have the conditional order you can (and should) get on with it now. Even if you do not have the conditional order it typically takes a little time to draft a consent order and collect the necessary signatures so it is usually prudent to put it in hand soby David Terry - UK Divorce Forum
Re: Do we really need a solicitor for a straightforward Consent Order? - 10 months ago
>>.. do you know if the service offered by Wikivorce is legit? They claim £149 for draughting it... I can't say. I have never had any experience or contact with them. If you and your husband are agreed on the terms of settlement any solicitor should be able to give you proper cost information so that you can compare. It is contested cases that are expensive. When terms are agreed thby David Terry - UK Divorce Forum
Re: Do we really need a solicitor for a straightforward Consent Order? - 10 months ago
You can try to draft your own consent order in much the same sort of way you can remove one of your own teeth without using a dentist. It simply isn't a sensible thing to do. It is just too technical and the risks are too great if you get it wrong. If you and your husband are agreed the cost of using a solicitor to draft it should be quite modest.by David Terry - UK Divorce Forum
Re: financial consent order rejection? - 11 months ago
>>Is there any chance a judge would not accept this?<< There is always a chance just as there is always a chance of being run over by a bus but there is no reason to suppose that terms of settlement like these would not be approved. Provided a settlement is not grossly unfair judges will not usually reject terms which both sides are happy with, which are broadly fair and where botby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
>>Would it be an option when I enforce to try and get him found in contempt of court and get him a criminal record? No, not in circumstances such as these.by David Terry - UK Divorce Forum
Re: Child Maintenance and Consent Order - 11 months ago
>>I am now confused, is it one year from consent order or from final order? I am not quite sure what the above means but I assume that the consent order was approved on one date and the decree absolute (the final order) made on another. For the purposes of the one year before you can apply to the CMS the one year runs from the date of the consent order was approved by the court.by David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
You will be entitled to see her payslips in due course (and she yours). Where she lives and will live post separation and how that is funded is also relevant and you may raise appropriate questions about it.by David Terry - UK Divorce Forum