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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: Share of Wealth - 3 years ago
>>So I guess the question is now whether I should move out at all prior to arranging a financial settlement. No, you shouldn't. There are two reasons why not. 1. Although it may be uncomfortable for you and your wife the fact is that it acts as an incentive to get financial issues resolved sooner rather later. If you were to move out that incentive would be removed and in fact yoby David Terry - UK Divorce Forum
Re: Share of Wealth - 3 years ago
Moving out and buying a boat were both very bad ideas if the aim was retain as great a percentage of the matrimonial wealth as possible. Now you have a very weak argument for saying what you want more for. Under these circumstances your wife is likely to retain her rental property (because there is now no obvious reason to bring it into the equation) and she will very likely also get to remain inby David Terry - UK Divorce Forum
Re: No idea what is fair/correct advice/where to go with settlement - 3 years ago
>>Anyway, my reason for writing again is to seek your thoughts on the fact that in April 2023 when he reaches 55, he will have the option of drawing down 25% tax free lump sum from his final salary pension circa £85k. Is this not a contributing factor in the settlement? << No. No-one in their right senses would do that. (1) It would result in a huge tax liability and (2) it would dby David Terry - UK Divorce Forum
Re: Costs - how much can be claimed from respondent? - 3 years ago
A person who issues a divorce petition can sometimes (not always) claim costs against the other spouse. Those are only the divorce costs - ie the part of the process which ends in decree absolute and dissolves the marriage. Those costs will include the court fee to issue the divorce petition and any legal costs incurred. Unless there is something unusual about the circumstances (such as the divorby David Terry - UK Divorce Forum
Re: Splitting - 3 years ago
Those aren't quite the only figures relevant. What is also relevant is how much you and your wife each earn (which is relevant to your respective mortgage capacities), what the size of the outstanding mortgage is and what the cost of suitable alternative accommodation would be for each of you.by David Terry - UK Divorce Forum
Re: Paying rent and mortgage - 3 years ago
>>Will I be expected to pay towards the mortgage as well as paying my own rent? No, absolutely not. He has the benefit of living there and you do not. The mortgage can be treated as the equivalent of rent. If he cuts up rough about this you can point out that he is living in a property half owned by you so you expect him to pay you an occupation rent for using your share of the property.by David Terry - UK Divorce Forum
Re: No idea what is fair/correct advice/where to go with settlement - 3 years ago
>>I will endeavour to lean on my contributions as breadwinner and homemaker throughout should further negotiation take place. Personally I would be more inclined to emphasise (a) your greater financial contribution to the matrimonial home, (b) the big difference in pension provision and (c) that you have two dependent children you need to house and take care of. The reason I would emby David Terry - UK Divorce Forum
Re: No idea what is fair/correct advice/where to go with settlement - 3 years ago
OK, well, this is a needs case because of the ages of the dependent children and because there is not enough capital to provide fairly for both of you if divided equally. I am sorry to say that your financial contributions to the matrimonial home cannot be ring fenced in the same way as pensions. That is because it is the matrimonial home and it is in joint names. You do earn more than yourby David Terry - UK Divorce Forum
Re: No idea what is fair/correct advice/where to go with settlement - 3 years ago
1. How old are the two younger children and is your husband the father or did you bring them to the marriage? 2. Is the matrimonial home in joint names?by David Terry - UK Divorce Forum
Re: Decree nisi issues not pronounced - 3 years ago
The courts are slow, they do make mistakes and they do lose things. (And Covid has given cover for much more of each). Assuming the petition for annulment was in order your solicitor should be able to explain what is happening and what, if anything, can be done.by David Terry - UK Divorce Forum
Re: Decree nisi issues not pronounced - 3 years ago
Frankly, I think you need legal advice. There are very restricted grounds to annul a marriage. It isn't simply an alternative to divorce. For instance, annulment would be available where one spouse was already married to another at the time of the marriage (bigamy) or the spouses were too closely related (incest). Petitions for annulment by their nature are extremely uncommon and so (a) theby David Terry - UK Divorce Forum
Re: Ancillary relief - 3 years ago
If your ex has bought a house and is cohabiting it is relevant, yes, because it affects her needs. In most ordinary cases needs are very important in determining the outcome. You will also be entitled to know the financial circumstances of her cohabitee. That's not because you can claim anything from him but his financial circumstances are also relevant to your ex's needs. As to theby David Terry - UK Divorce Forum
Re: Non mol and occupation order fake alligations After decree Nisi - 3 years ago
This is all too common. Unfortunately the police (and many others) seem to prioritise certain categories of complainant over others. In fact for every three victims of domestic violence two will be female and the third will be male although very little is heard of the latter.by David Terry - UK Divorce Forum
Re: Separated 22 years Ex lives in Turkey - 3 years ago
>>Is there a quick and easy way to get this sorted. << No. You can have a divorce based on five (or more) years' separation without your wife's consent and regardless of whether she can be found or not. However, in a case where the other spouse cannot be found the court needs to be satisfied that every reasonable effort has been made to locate her, that no method of substby David Terry - UK Divorce Forum
Re: Is a Family Car included in Household Contents - 3 years ago
Well, if there isn't a court order yet in place you have some sort of chance. You (or your solicitor if you have one) should notify the court immediately to say that the consent order as drafted is NOT agreed because you mistakenly thought the car was included among the chattels. In this case the car has more than a trivial value so it is worth trying to stop the court approving this orderby David Terry - UK Divorce Forum
Re: Is a Family Car included in Household Contents - 3 years ago
Has the consent order become a formal order of the court after having been approved by a judge?by David Terry - UK Divorce Forum
Re: Bury StEdmunds divorce court delays - 3 years ago
>>The idea of the supercentre was that it should process about half of the UK divorce applications and reduce time for decree nisi to a week, whilst freeing up local courts for other family business.<< Yes, and every divorce solicitor could and would have told them exactly what would happen - ie endless 'backlogs', staff with no accountability, paperwork being rejected byby David Terry - UK Divorce Forum
Re: Divorce after 7 years - 3 years ago
>>my solicitor advised that if it goes to court I'd have to pay upto £30k fees Get another solicitor. It should not cost as much as that. If it went as far as a final hearing it would be sensible to use a barrister and that should cost say about £3,000 or so. The other costs are very much within your control. By making sure you are not using a very high charging solicitor and not cby David Terry - UK Divorce Forum
Re: Financial Settlement advice - 3 years ago
>>I assume an initial 50:50 split on home equity will be pretty much a given? I assume a 50:50 split on savings/investments will be a given? << Yes to both assuming that such a division enables you both to buy suitable alternative accommodation. It is a long marriage and nothing has been mentioned which suggests there is any need to depart from an equal division. >>Do youby David Terry - UK Divorce Forum
Re: Financials - 3 years ago
>>If either of us had another partner before the settlement is finalised would their circumstances ie being mortgage free and financially secure etc have any bearing on the settlement ? Potentially, yes. In general it is better not to cohabit with another person until the financial issues arising from the marriage have been formally and finally resolved. That is because in most cases hoby David Terry - UK Divorce Forum
Re: Divorce - 3 years ago
Whether the home in which you live might have to be sold and under what circumstances does depend on the figures. There is no way of answering this in the abstract. Your solicitor presumably does know the figures and you are paying him/her for advice. There is no obvious reason to think you should not listen to that advice.by David Terry - UK Divorce Forum
Re: Am I right in my thinking regarding property - 3 years ago
If your husband will not co-operate voluntarily then you can make an application to a court within the context of a divorce for the court to determine financial issues. The court will direct a valuation of the property whether your husband wants one or not. Bearing in mind that your husband is in occupation of the matrimonial home it is in your interests to take steps to get this situation resby David Terry - UK Divorce Forum
Re: Is a court legally allowed to give all assets to wife? - 3 years ago
>>We went in front of judge in first financial resolution hearing and they advised that ex gets 100% equity of all assets which is family home that I live in. Unless there is more to this which has not been mentioned such an outcome seems unfair. Although it may have been the opinion of a judge at a financial resolution hearing you will (a) not get that judge at a final hearing and (b) cby David Terry - UK Divorce Forum
Re: Am I right in my thinking regarding property - 3 years ago
>>Am I right in thinking that we will both get 50/50 share of the equity in the property Not necessarily. Although 50/50 is the usual starting point for any division it is only a starting point. Cases of precise 50/50 division are not so common. That is because the exact division will depend on your respective needs and resources which include such facts as the value of the property, theby David Terry - UK Divorce Forum
Re: Equity share EX won't accept buy out - 3 years ago
When you say that since he left he has not paid into the property at all this overlooks the fact that during that time his ex has had the benefit of living in the property and he has not. In fact she has had the benefit of living in a property half owned by him so he has an arguable case for saying she owes him rent for his half. The fact is that he is a joint owner of the property and on the facby David Terry - UK Divorce Forum
Re: Please help - 3 years ago
Well, if you and your husband were able to agree the terms of settlement there is a broad spectrum which would be acceptable if you were both happy about it. If you could not agree then I think in broad terms a court would probably think along the following lines:- 1. The house is transferred into your sole name with your husband having a charge upon the property for about 40% of the net equitby David Terry - UK Divorce Forum
Re: Please help - 3 years ago
>>I’m not sure how the court would divide those assets according to need. In order to give some sort of context to needs (yours, your husband's and those of the children) you would need to give some sort of indication of your respective incomes and earning capacity. I am assuming from the length of the marriage that the three children are under 10 or thereabouts.by David Terry - UK Divorce Forum
Re: Inheritance after filling for Divorce - 3 years ago
She may do, yes, but whether she does or not very much depends on factors such as the length of the marriage, whether there are any dependent children and the needs and resources of each spouse. In principle an inheritance received after the marriage has effectively ended is not a matrimonial asset but courts can still take it into account if the circumstances justify it. Consider these two veryby David Terry - UK Divorce Forum
Re: Matrimonial home help please - 3 years ago
You are wrong in assuming that, yes.by David Terry - UK Divorce Forum