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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: Court financial proceedings opened - 7 months ago
The portal is open to both sides.by David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 7 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 - 7 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 - 8 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? - 8 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? - 8 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? - 8 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? - 8 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 - 8 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 - 8 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 - 8 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
Re: Ex-Husband has quit his job - 8 months ago
>>Do you think I would be successful in applying to vary for more maintenance at that point as I will be having to rent rather than pay a mortgage? The level of maintenance doesn't just depend upon need. It also depends upon ability to pay and the desirability of a clean break. Since your ex husband's case is essentially that he has no income everything will depend what view aby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 8 months ago
Bearing in mind that the court will have the jurisdiction to vary the Mesher if either of you make an application to vary I am surprised he is making it. From his point of view I would have thought he would have been better off waiting to see whether you made the application - which you may or may not have done. And once arrears are more than 12 months old they cannot in general be recovered withby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 8 months ago
>>Am i right in thinking i have to explain to them why we could not agree out of court ? Explain the voluntary disclosure and provide evidence of emails back and forth?<< Basically, yes, although if your wife is the applicant it will fall on her solicitor to explain why no agreement has been possible before you get your say. (Because the applicant opens the case). Also, the judge wby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 8 months ago
>>He's obviously done the maths and worked out he doesn't care if he loses the Mesher Order. Then he is only being rational. He can hardly be criticised for being rational. (Although, of course, whether he should be criticised for failing to maintain his children is another issue). >>Oh, and today he's told me he's become a carer for his parents and will be sby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 8 months ago
If your ex is legally represented and is the applicant then her lawyer should prepare the bundle for the use of the court and it should be agreed with you before it is submitted. If you want any documents included you should tell your ex's lawyer what those documents are so that they can be included in the bundle. If they refuse (because, for example, they say they are irrelevant' thenby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 8 months ago
I have already told you that a court will take what steps it can and that there are good reasons why you should apply to the court to adjust or remove the Mesher order if your ex husband deliberately chooses not to pay the periodical payments that were ordered. However, courts do not have the power to do whatever they want. No court can compel a person to work or to take out a mortgage on behalfby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 9 months ago
>>If I have to sell and then he goes and gets another job after he's released from the mortgage, could I take him back to court and have it ordered that he has to be named on my mortgage before he was able to buy somewhere himself?<< No. Courts do not have power to make such orders - even if such an order could be regarded as fair which is very doubtful.by David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
It is in your interest to demonstrate that your income is turnover less the expenses incurred in achieving that turnover and to provide chapter and verse by way of documentary evidence in order to show how the figure is arrived at. That is what income is, after all. Income is not the same as turnover. Form E wants your net income not your turnover (except to the extent that the latter is the baseby David Terry - UK Divorce Forum
Re: Pension Sharing Query - 9 months ago
Personally I don't think much of your chances of getting any sort of timely or sensible response from the Civil Service Pension by you approaching them directly. They probably couldn't care less as your experience so far shows. What you really need to do is to get some brief advice from the solicitors who acted for you in obtaining this pension sharing order. They should be able to tellby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 9 months ago
>>I really need him back in the UK working and paying maintenance. Is there no way to do that?<< No. Courts cannot compel people to work. They can try to deal with the consequences of a person choosing to break a court order but they cannot compel people to work. In your particular circumstances if a court is satisfied that your ex husband is deliberately avoiding the periodical paby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 9 months ago
You cannot necessarily force him back to work and nor can the courts BUT you should take immediate steps to enforce the order if he is no longer paying what he was ordered. Quite apart from anything else there is a bar of recovering arrears of maintenance which are more than 12 months old (except with the leave of the court) so it is bad policy to wait. More importantly, in view of the steps yourby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
Solicitors (and lawyers generally in the UK) do give reasons for their advice. That is because that is how the law in common law jurisdictions works - it is based upon reasoning which is always expressed so that it can be examined. It is such a fundamental part of the common law system that it is second nature for any lawyer trained in it to give reasons. Also, of course, a client can always askby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
>>Is what i am proposing fair in your opinion david ? Since I do not have all the figures I am not going to hazard a guess. What I would say, though, is that it seems you have already had one solicitor's opinion. No doubt that solicitor gave reasons for the opinion. If you are not going to seek another opinion on the basis of all the figures you should at least reflect carefully upoby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
>>Does it justify me spending ( £20k in legal fees to fight for 120,000 total house ‘equity’ You have the calculation wrong. Your wife wants 60,000. You are prepared to offer her 24,000 (because you say you are proposing an 80/20 split. Therefore you are arguing over £36,000 (the difference between 60,000 and 24,000). Is it worth spending £20,000 to argue over £36,000 (which will end upby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
Well, I don't think your wife is entitled to 50% of the net equity as the position would be at some point in the future. The high water mark of any claim she has is 50% of the equity if the house was sold now. And whether she is entitled to that is debateable. It is true that the starting point for the division of matrimonial assets is 50/50 (at least in marriages of a reasonable length as tby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
Although it is true that no-one needs to put their life on pause there is the separate issue of whether it is sensible to father a child by another woman while stlll married and before the financial issues arising from the marriage have been resolved. Be that as it may, the child is yours and so you have a legally enforceable obligation towards that child which would be taken into account. Wheby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 9 months ago
There is too much information missing in order to be able to give a meaningful answer. For instance, how long you and your wife have been married and how long you have been together. How much the house is worth, what the oustanding mortgage is, whether it is in joint names, when you bought it. What the debts are, for how much, in whose name(s) they are and the reason the debts were incurred. Therby David Terry - UK Divorce Forum
Re: Change of notice form (which court) - 9 months ago
>>Does her solicitor have to agree to the change of notice or could they object because of the outstanding money owed to them?<< Whether they agree or not doesn't matter. A person is entitled to change solicitor and/or act in person at any time. Obviously if your ex owes her solicitor money they may well take action to recover that debt and they have a lien on her file until tby David Terry - UK Divorce Forum
Re: Help please - 9 months ago
>>The sticking point is if we go ahead with consent order and an old debt of which we have no knowledge of now, rears its ugly head, who is responsible? The chances are it will be in one of our names, does that therefore make that person liable?<< Yes, in those circumstances the person in whose name name the debt was would be responsible. >>Is there anything we can do so tby David Terry - UK Divorce Forum