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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: Renting out the marital home - 2 months ago
The notion that one spouse can make a claim because otherwise the property could have been rented out is fanciful. That said, the sooner the financial issues arising from this marriage are formally and finally settled the better.by David Terry - UK Divorce Forum
Re: Charted surveyor help - 2 months ago
When a valuation cannot be agreed the normal method of settling the issuing is by jointly instructing a valuer. That valuer will not be an estate agent but a professionally qualified valuer who owes a duty to the court and who is bound by professional standards. A professionally qualified valued who has been instructed by you jointly is not going to be influenced by your ex. Also, the valuer willby David Terry - UK Divorce Forum
Re: Bury St Edmunds - Bailiff Service - 2 months ago
This is not the place for guiding a litigant in person through a divorce. If you are in doubt you should ask the court and/or consult a solicitor on a fee paying basis.by David Terry - UK Divorce Forum
Re: Amemded Divorce Petition - Advise - 2 months ago
If the petition has had to be amended the chances are that it will take much longer. That is because the amendment will be on the court record and that will cause any judge or legal clerk to double check that any amendment is also in order.by David Terry - UK Divorce Forum
Re: Sharing marital assets - 2 months ago
I don't think you will be able to use it. If you try then most people in your wife's position would remove the car so that you can't.by David Terry - UK Divorce Forum
Re: Sharing marital assets - 2 months ago
Your wife will end up with the Grey car and you will end up with the Red one simply because those are the cars which are in your respective names. It is very unlikely they will be sold as part of any settlement. They are just forms of transport. No-one litigates this sort of thing. I suppose if there is a significant difference in value between the two some adjustment for that might be made in diby David Terry - UK Divorce Forum
Re: Divorce - 2 months ago
If the house is to be sold now then you have to consider where your wife and children will live, how much it will cost and what her mortgage capacity is. Those are the factors which will determine what percentage of the equity she needs to receive. Even if she needs to receive ALL the equity that is not necessarily a disaster for you and would have advantages (provided the house is sold). 1by David Terry - UK Divorce Forum
Re: Unable to settle via Consent Order - 2 months ago
The first thing I should say is that you have recently obtained decree absolute it may be very important that you make a court application to settle the finances arising from the marriage BEFORE you remarry. If you were to remarry before doing this you could possibly lose all your rights arising from the marriage. I say, 'may' and 'possibly' because it depends who issued the dby David Terry - UK Divorce Forum
Re: Divorcing after renunciation of UK citizenship - 2 months ago
Your wife is a British citizen and lives in the UK. Divorce would therefore properly be subject to UK law. The wife of Sheikh Mohammed bin Rashid al-Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai lived in the UK, got her divorce here and the UK courts decided the terms of the divorce settlement. I am pretty sure the Sheikh wasn't a British citizen either. I suppoby David Terry - UK Divorce Forum
Re: Financials after divorce - 2 months ago
You can apply unless you have remarried and were either the respondent in the divorce or a petitioner who did not make financial claims in the divorce petition. Whether you need to get closure by way of a financial order depends on many things. For instance, if your ex was the respondent in the divorce or was the petitioner who did not make any financial claims in the divorce petition and youby David Terry - UK Divorce Forum
Re: Lawyer not authorised - 2 months ago
What you say the court wrote was this:- >>The proceedings are being conducted by Online Legal Services Ltd t/as Divorce Online, which is not authorized or regulated by the SRA to conduct reserved legal activities.<< If that is what the divorce paperwork shows then the court is correct because Online Legal Services Ltd is different from Online Legal Services Solicitors Ltd. Theby David Terry - UK Divorce Forum
Re: Lawyer not authorised - 2 months ago
Well, they are either regulated by the SRA or they are not. And if they are they will have a registration number. If you discover they are not then only you can decide what you want to do next.by David Terry - UK Divorce Forum
Re: Spouse moving out after clean break? - 2 months ago
Assuming you have your clean break order properly drafted (as you should) then it will provide for your wife to transfer her share of the house to you upon receipt of the lump sum agreed and upon the basis that she vacates the property upon payment. A properly drafted order along these lines can be enforced if it is not complied with. If you are working on the basis that the clean break orderby David Terry - UK Divorce Forum
Re: Who pays for consent order? - 3 months ago
If you are going to get a solicitor to check the consent order on your behalf (as you should) then it is reasonable that you each pay your own legal costs. There is a court fee which is currently £50 to file a consent order. It would not be unreasonable to share that cost between you equally.by David Terry - UK Divorce Forum
Re: Unreasonable Wife & Money Issues - 3 months ago
I would suggest that you write to her solicitor with copies of your bank statements pointing out that you cannot afford to shoulder all these expenses and that your wife can and should be paying a fair share since she earns a significant income and she lives in the property. Also that your child maintenance liability is £X and that what you are paying in total is a lot more than £X. Really sucby David Terry - UK Divorce Forum
Re: Financial and Consent Order - 3 months ago
Do not even think of paying child maintenance as a lump sum. Your wife can have whatever 'fears' she wants but the fact is that you should only ever pay child maintenance out of income and there is a formula for the amount payable depending on your income. If you were to pay a lump sum for child maintenance (which a court would almost certainly refuse to approve) but your (ex) wife coulby David Terry - UK Divorce Forum
Re: How longs the wait - 3 months ago
You will need to obtain a set of papers for service from the court.by David Terry - UK Divorce Forum
Re: Bury St Edmunds - Bailiff Service - 3 months ago
As long as the papers are served and proved to have been served a court doesn't care if it was done by a court bailiff or a private process server.by David Terry - UK Divorce Forum
Re: How longs the wait - 3 months ago
A private process server will invariably serve court papers quicker than court bailiffs and much quicker too.by David Terry - UK Divorce Forum
Re: Earning Potential - 3 months ago
>>adding additional hours then reduces universal credits so the end result is not much different Quite so. There is almost certainly rather more to this than just considering earning potential in the abstract.by David Terry - UK Divorce Forum
Re: Earning Potential - 3 months ago
Many people do this because it often makes more financial sense to work part time around school hours rather than work full time and pay out for child care. I suspect there are more factors to be taken into account here rather than what your wife's earning capacity would be if she had no child care responsibilities.by David Terry - UK Divorce Forum
Re: Rent for marital home - 3 months ago
I said there may be other relevant factors and it seems there are. If you have been living in a house with a new partner for the last ten years then there are obviously questions to be asked about that. The first is whether you have remarried since your divorce. Another is the value of the property you are currently living in and what the outstanding mortgage on that is. Finally you have mentioneby David Terry - UK Divorce Forum
Re: Acknowledgment C7 form and related questions - served as respondent - 3 months ago
I am not going to answer these questions. If you seek advice upon which you intend to rely you should seek the advice of a solicitor in the usual way. I do not think it is reasonable to expect me to answer questions like these. If I did I would be doing nothing but helping litigants in person which my insurer would not thank me for.by David Terry - UK Divorce Forum
Re: Rent for marital home - 3 months ago
It is impossible to answer these questions without knowing:- 1. What the house is worth and what the outstanding mortgage is, if any. 2. What your respective incomes are. 3. What the cost of suitable alternative accommodation would be for you and your wife. 4. Where you have been living for the last 10 years and where you are living now. There may be other relevant factors such asby David Terry - UK Divorce Forum
Re: Cohabiting in midst of divorce - 3 months ago
You should only give answers which are true. If you give answers which are untrue then you run (the very small) risk of being found in contempt of court and the greater risk that wherever what you say and what your wife says is different a court will prefer your wife's version. There is also the risk that answers could be found to be untrue by the other side using a private detective. Havby David Terry - UK Divorce Forum
Re: Advice on finding a Solicitor (good, supportive, strategic, not extortionate - do they exist?) - 3 months ago
Something worth remembering is that many solicitors are part of a chain or bigger organisation. As such they may have limited control over how much they charge and they may be under pressure to maximise fee income. If any of you have animals you may have noticed the same phenomenon with vets which are now often owned by chains or bigger organisation. The point is you should (a) use a solicby David Terry - UK Divorce Forum
Re: Consent order - 3 months ago
Nothing is enforceable until you have a court order (and decree absolute). Indeed, you would be very unwise to transfer any property or pay any significant sum unless and until there is a court order in place which has been approved by a court.by David Terry - UK Divorce Forum
Re: Cohabiting in midst of divorce - 3 months ago
You will not be able to reduce your whatever exposure you may have to your wife by acquiring other dependants. A court will say that you knew your pre-existing obligations before you entered into your new relationship and if anyone should suffer the consequences of that choice it should be you rather than your (ex) wife.by David Terry - UK Divorce Forum
Re: Spousal Maintenance / Wife Claiming disability/inability to work (no children) - 3 months ago
There are no dependent children and your wife earns £45K. Therefore, unless your wife is run over by a bus before the final decision, this should be a clean break case. Possibly there may need to be some adjustment of capital because of your very different mortgage capacities but that should be it. What you are proposing is certainly within the range of possible reasonable outcomes.by David Terry - UK Divorce Forum
Re: Consent order - 3 months ago
Court orders always specify timescales because without timescales they would be unenforceable. What particular timescale is appropriate for any given event very much depends on the factual circumstances but timescales are always specified in this type of court order. If the court is being asked to approve something which has been agreed then the timescale should also form part of the agreement. Aby David Terry - UK Divorce Forum