Show all posts by user
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: advice on starting the financial process without solicitor - 6 months ago
Many people can and do agree terms of financial settlement in divorce between themselves without recourse to any third party such as a mediator. Others are able to reach agreement after attending mediation. A minority cannot reach agreement and end up in court. In terms of expense the first is obviously the cheapest and least stressful with the court option being the most stressful and expensive.by David Terry - UK Divorce Forum
Re: Advice needed - 6 months ago
I think what you are failing to take into account is the length of the marriage and that you have raised children to adulthood together. It is unrealistic to think that after this sort of length of time, this history of raising a family together and with properties being in joint names that assets are in some way 'yours'. I was aware from your first post that you very likely would not lby David Terry - UK Divorce Forum
Re: Advice needed - 6 months ago
Well, the likely outcome is going to depend upon where you will each live after divorce and how that acommodation will be funded. I can tell you for a fact that it would not be reasonable for you to keep the former matrimonial home and the rental property while your wife lives in rented accomodation. This is a long marriage and both properties are jointly owned (regardless of the reason you say tby David Terry - UK Divorce Forum
Re: Advice needed - 6 months ago
The information given is a bit selective. For instance, you do not say how much you earn now but do say how much, in your opinion, your wife should earn in two years' time. I assume there are no longer any dependent children although please note there are some circumstances under which a child over the age of 18 can still be a dependent. The main issue likely to determine how assetsby David Terry - UK Divorce Forum
Re: Directions Hearing -No details, no time to prepare - 6 months ago
>>I have emailed the court to find out what the hearing is concerning and request it is rescheduled as I have no time to prepare or find legal representation, due to working abroad. But so far had no reply.<< Although courts do not rely to emails as quickly as they should it is unlikely (assuming it was properly addressed) that it will be ignored or that it will not be brought to tby David Terry - UK Divorce Forum
Re: No decree absolute - 6 months ago
1, The answer to your first question depends upon the exact terms of the court order. The words matter. 2. An order like this is not enforceable until decree absolute so someone needs to apply for decree absolute and, if it is more than 12 months since decree nisi, provide an explanation covering particular points to the court. Both of these issues are likely to need legal advice.by David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 6 months ago
It is usually wise to deny allegations specifically to avoid giving the impression they are admitted. This does not have to be lengthy. Something like, 'the allegations in paragraph x, y and z are denied'. It is for the person making allegations to prove them. Obviously if there is a simple point to make in order to demonstrate a particular allegation is untrue it is best to make it. Ifby David Terry - UK Divorce Forum
Re: Divorce settlement, benefits - 6 months ago
What you have been told by a solicitor is correct. The inheritance in this case is in principle not a matrimonial asset. Further, there would likely be no benefit in sharing it with your wife because any share you did give her would probably reduce her benefits pound for pound. Also, even if you did share it with her it would not be sufficient to enable her to buy a house or anything like that. Fby David Terry - UK Divorce Forum
Re: Consent form - 6 months ago
It is the usual practice for one party to draw it up and then submit to the other for approval. When it is agreed it is submitted to the court. You would be wise ALWAYS to have something like this checked by a lawyer. It is too important not to do so and you should not assume that the meaning of words is obvious because in court orders like this the actual meaning can be different from a meaningby David Terry - UK Divorce Forum
Re: Consent order - 7 months ago
One way or another it can be done, yes.by David Terry - UK Divorce Forum
Re: Es2 form help - 7 months ago
You have the input into the ES1 form as your husband does. The purpose of the form is to set out the basic facts of the case, what the issues are, the costs that have been incurred, offers made etc. If, say, your husband says his income is £X but you say, 'No, it isn't. It is £Y' that obviously requires input from both of your otherwise this issue might not be apparent. The sameby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
>>BTW - at the end of the hearing my ex's barrister had a chat with the judge and offered to do the write-up of the case for all concerned - which the judge gratefully accepted. Is this normal? Surely the paid representative of one side only cannot provide an unbiased written account of the proceedings. And will I get an opportunity to comment on anything contentious before this accounby David Terry - UK Divorce Forum
Re: Es2 form help - 7 months ago
You may find this link to be of help:- .by David Terry - UK Divorce Forum
Re: Advice on situation needed please - 7 months ago
>>I meant would it be possible for only my apartment be ringfenced, No. It is an asset which you have and, amongst other things, it potentially affects your housing needs and/or income. That it shouldn't be sold and the proceeds split with your ex is one thing (which is very unlikely to happen in these circumstances) but that you should simply retain it and that its existence shouldby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
So far as I can see the main point you are likely to need to address is how the children are to be looked after if their present schooling arrangement continues. The point is you cannot stop your ex moving and neither can the court. In the short term they can prevent her taking the children and disrupting their present schooling arrangements but they can't actually prevent your ex herself frby David Terry - UK Divorce Forum
Re: Advice on situation needed please - 7 months ago
There is a five year old child here. Therefore I would be surprised if a court thought you should be able to ring fence 'your' apartment and bank account so that only the rest is divided. It is more likely that they will be regarded as assets which you have and which affect your needs. The fact that you have these assets may then well affect how the other assets are divided such that thby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
That is the order courts usually make in these cases - to preserve the status quo until such time as the court can properly work out what is in the children's best interests. You would be wise to take legal advice at some point though just to make sure that points which carry weight with a court are all raised.by David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
>>what's the worst that can happen tomorrow? That you lose your application and are ordered to pay your ex's legal costs. It really would be better to be legally represented on an application like this. Not being represented does not mean you will lose but you have made it more difficult for yourself.by David Terry - UK Divorce Forum
Re: Wife moved out & into new home with new partner, financial order question. - 7 months ago
>>Can I claim on his assets as part of my financial settlement.<< No. You are not married to him. You have no claim whatever upon his assets. Since you refer to a grown up son this is clearly a long marriage so the starting point for any division of the assets of the marriage would be an equal division. It is true that 'needs' also play a part - often a very importantby David Terry - UK Divorce Forum
Re: Advice on situation needed please - 7 months ago
Well, it looks as though with an income of £60K, and child maintenance your wife could manage a mortgage of that sort of size. You are fortunate in that there are two properties and significant savings. The difficult cases tend to involve those where all capital is tied up in the matrimonial home. In this case it should be possible to divide capital reasonably equitably. Mediation may help you boby David Terry - UK Divorce Forum
Re: Advice on situation needed please - 7 months ago
On these figures there is no obvious reason why you should end up paying spousal maintenance. Assuming the child will live primarily with his mother you will of course need to pay child maintenance. As to how the capital should be divided that is going to depend primarily upon the housing needs of your wife and child and how that will be funded. In that respect 'equity' is all very wby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
>> if I am not entirely satisfied with the former, there is any reason not to subsequently apply for the latter. Frankly, that makes no sense. If your ex makes a court application for permission to remove the childen it would be sensible for you to make a cross application in the same proceedings. Incurring the cost of two sets of proceedings makes no sense. And if your ex makes a courtby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
There are a few observations: 1. People often say they are going to make a court application but don't actually do it. If you are relying upon your ex to make an application you need to monitor the situation carefully before abandoning your own. 2. You may need to make a cross application anyway even if she makes an application. Her application would be to remove the children. If her aby David Terry - UK Divorce Forum
Re: Financial order missing ex-spouse - 7 months ago
>>can I obtain a court order dismissing any future claims by my ex-spouse in her absence?<< Yes, but only after satisfying the court that your ex wife is aware of the proceedings and has been given every opportunity to take part. You may be better off taking legal advice as to whether you really need to incur the expense and hassle of doing this. Assuming there are no dependentby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
>>She says that she is about to apply for a court order to permit her to unilaterally change the childrens school to one near her soon-to-be new home. I said this can not happen without the agreement of myself and the children - which is not forthcoming. Am I correct?<< No, you are not correct. She can apply to a court for permission to remove the children just as you can make a coby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 7 months ago
If you do intend making an urgent court application to stop the move then that usually involves physically attending court, issuing the papers and geting an urgent hearing before a judge. Although in principle this could be done by a litigant in person it is by no means straightforward. It might be wiser to use a solicitor near to the court who has experience of making this type of urgent applicaby David Terry - UK Divorce Forum
Re: Buying out of fmh - 8 months ago
>>Are any of these fair arguments?<< No. The fact is that this is a long marriage and how the equity is divided (on these figures) will depend upon your respective needs and financial resources rather than upon the factors your husband relies upon. There are obviously children. Providing a home for them will far outweigh your husband's arguments.by David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 8 months ago
That is true. Courts do generally favour stability and also these children are of an age where what they want counts. The problem appears to be that the person posing the question admits that for him to seek full care would be impractical. That is a conundrum. The children's mother can move if she wants. That cannot be prevented. The question is really what the alternative is if the parent wby David Terry - UK Divorce Forum
Re: 50/50 house split before divorce - 8 months ago
If, say, you sell the house, divide the net proceeds equally, each buy alternative properties and then immediately seek a divorce there probably wouldn't be any problem. The problem is more likely to arise if (a) a long time elapses before you get a divorce and sort out things formally, (b) there is a significant change of circumstance or mind before you get a divorce or (c) one or both of yby David Terry - UK Divorce Forum
Re: Can the Applicants adjourn final hearing more than once - 8 months ago
A person can apply as many times as they have grounds. I once had a possession order against a tenant for non payment of rent. Each time the warrant of execution was scheduled to be carried out he applied to adjourn on the day and repeated that trick more times than I can remember. It worked because (a) court bailiffs serve advance of when they would effect the warrant of execution and (b) they wby David Terry - UK Divorce Forum