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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: C E T V - 2 years ago
There is no tax or national insurance to be deducted from a CETV figure. That is to misunderstand what the figure represents. The CETV is the lump sum that would have to be transferred from one pension provider to another in order to provide the self same pension benefits. Tax and national insurance doesn't come into it.by David Terry - UK Divorce Forum
Re: How on earth does one income support two households following divorce? - 2 years ago
The fact is that no-one can pay more than they can afford and the courts do not order that because it is not sustainable. It is also not true that the previous standard of living must be preserved and it is certainly not true that the standard of living of one spouse must be maintained at the expense of the other. The reality is that the same income does not go as far when it has to support twby David Terry - UK Divorce Forum
Re: splitting asstes - Are my buy-to-let properties and savings considerd Matrimonial Assets ? - 2 years ago
>>I am the victim here, No, you are not the victim. You married by your choice. You say that your assets were built up in a different country before you married. Was it the marriage which enabled you to come to the UK? It is a marriage of 6 years and you have a 5 year old child by your wife. During the course of the marriage you kept 'your' money separate and you bought propeby David Terry - UK Divorce Forum
Re: splitting asstes - Are my buy-to-let properties and savings considerd Matrimonial Assets ? - 2 years ago
Courts do not ring fence assets in the way you suggest. They are assets which you have and they will therefore be taken into account in determining what you can afford to pay. They will not simply be ignored. There is a five year old child here. That one fact far outweighs the fact that assets are in your sole name or that you kept money separate. There is, of course, nothing to prevent you arguiby David Terry - UK Divorce Forum
Re: splitting asstes - Are my buy-to-let properties and savings considerd Matrimonial Assets ? - 2 years ago
>>Are my investment propeties i bought during marrige , and my savings protected ?<< No. >>if all my money is not protected , and may be considerd matrmonial pot and split , is there any way i can hide it so she cant steal it ? 95% of the money is from before we even knew each other ! so she shouldnt have any of it. << 1. No solicitor should ever give you advicby David Terry - UK Divorce Forum
Re: Short Marriage - Financial Order -Sorry Long Post - 2 years ago
It is not true there are no marital assets. For a start you refer to the marital home. Furthermore even though you say you own two more buy to let properties with your sister those are nevertheless assets which you own and which therefore affect your ability to pay anything to your (ex) wife. You have, of course, also brought her from India which is an action which can reasonably be described asby David Terry - UK Divorce Forum
Re: Short Marriage - Financial Order -Sorry Long Post - 2 years ago
>>Now she is claiming domestic violence and abuse. My solicitor advised that this would happened as she has seen lots of cases like this and this is what she will need to do to try and stay in the UK permanently as she has no other visa she can apply for. << Quite so. Extraordinary though it may seem a person in your wife's position can very likely stay in the UK if she claimsby David Terry - UK Divorce Forum
Re: When did i become legally separated? - 2 years ago
Well, 'separated' just means living apart. That is a matter of fact. In that case it is just giving the date you stopped living together. Assuming that you are still living together and have not separated then separation will date either from the time you started living as two separate house holds or from the date of decree absolute when you cease to be married.by David Terry - UK Divorce Forum
Re: pension in payment - 2 years ago
It would normally be sensible not to make any substantial capital commitment before finances are settled once for all within the context of a divorce. Indeed, if the other spouse heard of the plans they could be stopped by injunction. Bearing in mind that you are older than your wife, in rented accommodation, your wife has another partner and she wants all the equity in the matrimonial home it isby David Terry - UK Divorce Forum
Re: property sale of divorce and covid - 19 being the perfect getout. - 2 years ago
The court order providing for sale will have also provided for what you can do about it if your ex husband does not comply. Court orders can be enforced. They are not simply wish lists. And if you do have to take enforcement action against your ex husband, provided you go about it properly, a court will order that he pays the costs you incur to enforce the order.by David Terry - UK Divorce Forum
Re: Short marraige - 2 years ago
Yes, you will be able to make a claim upon his pension. Like I said, I doubt that the circumstances would enable you to successfully claim half but I certainly think you have some claim. You see, the criteria which guide courts in their decisions are laid down in section 25 of the Matrimonial Causes Act. Those factors include criteria such as need and the financial resources and obligations of boby David Terry - UK Divorce Forum
Re: Short marraige - 2 years ago
Well, judging from the values of the two properties it should be possible for you to buy another property provided you keep the £30K intact as a mortgage and you get a job so as to have some sort of mortgage capacity. This is a relatively short marriage, there are no dependent children and you are younger than your husband. Having said that, you have acted to your detriment by selling the homeby David Terry - UK Divorce Forum
Re: Short marraige - 2 years ago
There are a few facts missing from this which would be relevant to providing a meaningful answer. 1. How much did you receive from the sale of your house and what has happened to the money apart from the £30K which remains? 2. Did you cohabit with your husband before you married and, if so, for how long? 3. What sort of work did you/do you do? What do you say your earning capacity is?by David Terry - UK Divorce Forum
Re: Need advice - 2 years ago
If you have spent £9,000 on legal costs you most definitely have a solicitor acting on your behalf. You should be asking your solicitor these questions. Not only is that what you are paying for but, more importantly, your solicitor will have a much better understanding of the background to all this. It is rarely helpful to second guess another solicitor.by David Terry - UK Divorce Forum
Re: Advice on ending an estranged marriage - 2 years ago
How much her divorce costs amount to will depend upon whether she conducts the divorce herself and whether she uses a solicitor. If she uses a solicitor then solicitors' charges vary. I really don't it is useful to speculate about it. I was simply pointing out to you that you cannot be sure that you will avoid paying any divorce costs if your wife issues a divorce petition.by David Terry - UK Divorce Forum
Re: Equitable accounting - 2 years ago
You will get no credit for having supported her for that last two years. If anything doing that has established a dependency upon you which she will no doubt expect to continue or to be compensated for. There is absolutely no question of you being retrospectively compensated in the absence of a provable agreement that that was what you both intended.by David Terry - UK Divorce Forum
Re: Advice on ending an estranged marriage - 3 years ago
>>Can you explain ways of serving a divorce petition? That is a subject more appropriate to a text book than to a post here. The means of deemed and substituted service are as infinite as the circumstances of individuals. Whether you think it would be mad or not I think there is a high probability that if your wife issues a divorce petition she will claim costs from you because it isby David Terry - UK Divorce Forum
Re: Advice on ending an estranged marriage - 3 years ago
If they have refunded the court fee that suggests that there are no longer any divorce proceedings that need to be dismissed. There is no reason why you cannot issue divorce proceedings immediately and you would be wise to do so as soon as possible. The courts do not have any facility to pay court fees by instalments so if you want a divorce any time soon you need to resolve this. You do not needby David Terry - UK Divorce Forum
Re: Advice on ending an estranged marriage - 3 years ago
You say that you both got married when you were 25 but you do not say how long you have been married. I suspect it is quite a long time and that could be significant. I would suggest that you find out exactly what happened to your divorce petition for a couple of reasons. First, you have already paid the fee and most mistakes can simply be corrected. Most mistakes just cause significant delay raby David Terry - UK Divorce Forum
Re: Financial Disclosure in domestic violence case - 3 years ago
If you seek to have the financial issues arising from the marriage resolved then where you both live is highly relevant to that. Your husband is entitled to details of your accommodation. If he should use that information to try to harass you then the remedy for that is either getting the police involved or else obtaining an injunction.by David Terry - UK Divorce Forum
Re: Advice required on likely divorce scenario - 3 years ago
I mean it is worth waiting a few months at most. You do NOT need to be separated for a period of time in order to have a divorce. If the marriage has broken down beyond repair it is very unwise to wait until you can rely upon separation as a ground for divorce.by David Terry - UK Divorce Forum
Re: Equitable accounting - 3 years ago
'Equitable accounting' has absolutely nothing to do with divorce law. The sooner you get that notion out of your head the better. >>I would like to request that my stbx's unpaid contribution is deducted from the divorce settlement. Am I within my rights to request this? << You can request it but you have no right to it whatever. If the marriage is over you shouldby David Terry - UK Divorce Forum
Re: Finance settlement - 3 years ago
You have a solicitor. You should be asking your solicitor these questions. Too many cooks spoil the broth and all that. I assume that you did not have a solicitor and/or take advice before transferring £24,000 because no solicitor would have advised you to do that.by David Terry - UK Divorce Forum
Re: Advice required on likely divorce scenario - 3 years ago
>>Will I be in a better position if I wait until she is fully employed again before petitioning for divorce? It would probably be wise, yes, although that does not mean waiting for years. So long as it is in the reasonably near future. I would also say one other things which is that it is better to keep the £90K intact until you petition for divorce. If you put it into a property beforeby David Terry - UK Divorce Forum
Re: Preempting missed consent order deadline - 3 years ago
In that case how the order is enforced will depend on the wording of the court order but typically such orders warn the parties affected that if they fail to comply they may be committed to prison for contempt. You ex needs to be told in writing that if she does not return the executed TR1 by a certain date then enforcement action may follow without further notice and that if such action becomesby David Terry - UK Divorce Forum
Re: Preempting missed consent order deadline - 3 years ago
The question is not really whether she has received letters but whether she has received the TR1 to sign.by David Terry - UK Divorce Forum
Re: Preempting missed consent order deadline - 3 years ago
The property is being transferred to you. Therefore it is your responsibility to get the transfer deed drawn up and presented to your ex wife for signature. Whether she uses a solicitor for that is a matter for her but it is your responsibility to get the document drawn up and you need to ensure this is sent to her for signature before the 56 days are up. If you do not then it will be you in defaby David Terry - UK Divorce Forum
Re: Self repping, assets, advice needed - 3 years ago
Well, on those figures I don't think your wife has a cat in hell's chance of being able to ring fence what she says is 'her' flat. The value of this flat will undoubtedly be taken into account. Indeed, the value of the flat is so significant that it justifies the costs of taking it to court if your wife insists that it should be left out of the equation. On the figures forby David Terry - UK Divorce Forum
Re: Self repping, assets, advise needed - 3 years ago
Although this is a long post it does not say:- 1. What the value of the matrimonial home is and what the outstanding mortgage is, 2. Ditto for the flat. 3. What the pensions are worth. 4. What sort of business it is that needs valuing. For instance, does it actually have assets or what? Without this information it is difficult to give a meaningful answer to your post. For what it is wby David Terry - UK Divorce Forum
Re: House valuations - 3 years ago
If you each want to buy the other out then assuming there are no dependent children it might be simpler to sell up and divide the equity. How much you would each get in those circumstances would very much depend upon how much equity there was to divide, the cost of suitable alternative accommodation and your respective mortgage capacities.by David Terry - UK Divorce Forum