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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: Matrimonial home help please - 3 years ago
You should, incidentally, register a matrimonial homes act notice against the property until such time as there is a formal and final settlement obtained in the divorce which secures your interest.by David Terry - UK Divorce Forum
Re: Matrimonial home help please - 3 years ago
Well, if there are two dependent children and there is only about £100K equity in the house it is not going to provide for both of you if the house is sold and the equity divided equally. It is clearly more practical for the children to be looked after by your wife. Since the needs of the children come first it is quite likely that your wife will get to stay in the house with the children and thaby David Terry - UK Divorce Forum
Re: Matrimonial home help please - 3 years ago
If you have been away for three months and during that time you were obtaining medical treatment abroad that tends to suggest you had the financial means to enable you to do that. The question is if you could accommodate yourself abroad for three months why is it that you cannot seek alternative accommodation in the UK? That is not to say that you might not have some eventual claim to the matrby David Terry - UK Divorce Forum
Re: Property asset split - 3 years ago
There is no need to apologise. I can see where you are coming from. People do often focus on one asset to the exclusion of others which in fact may be just as or even more important. You are quite correct in pointing out that any proposed settlement needs to be looked at in the round. Very often if one spouse focuses on one asset because that asset is important to them that fact can be very advanby David Terry - UK Divorce Forum
Re: Matrimonial home help please - 3 years ago
The answer depends upon a lot of things such as:- 1. How long you have been away. 2. Your wife's reasons for refusing you entry. 3. What alternative accommodation you would available. 4. The nature of your disability. There may be others but these are the obvious questions.by David Terry - UK Divorce Forum
Re: Mediation - 3 years ago
There is no point in 'supposing' anything without the necessary facts. Like I said, the facts and figures are everything in answering a question like this.by David Terry - UK Divorce Forum
Re: Decree Absolute - 3 years ago
I have no wish to comment further on this.by David Terry - UK Divorce Forum
Re: Decree Absolute - 3 years ago
It is usually unreasonable to expect one party to a divorce to pay the other's divorce costs. After all, it is not just one spouse who is divorced. It is two. It is more reasonable to share the divorce costs. And before someone says so a divorce is hardly ever the 'fault' of just one spouse. Even in cases of adultery that is more often than not the symptom of a broken marriage thanby David Terry - UK Divorce Forum
Re: Mediation - 3 years ago
>>If my ex-wife can't afford to buy me out, and I can afford to buy her out, can she refuse? Can she insist house is sold? The answer to this depends upon any things upon which no information is supplied. Not the least of those are the figures - how much the house is worth, what the outstanding mortgage is, the respective incomes and resources of husband and wife, whether there areby David Terry - UK Divorce Forum
Re: Decree Absolute - 3 years ago
Like I said, 'not wanting to' and having a valid reason for objecting to decree absolute being granted are two separate things. 'Not wanting' in itself is not sufficient. In neither of these cases has anyone actually said what prejudice (if any) they would suffer if decree absolute was granted.by David Terry - UK Divorce Forum
Re: Property asset split - 3 years ago
>>I know you specifically said 'property' split, but you need to consider other assets. For example, as she took years off work to look after children, she'll probably need her pension topping up. . the money will come from yours. << I am not sure if I agree with any of this. Firstly, the question was specifically about the fact that the wife had contributed more toby David Terry - UK Divorce Forum
Re: Reason for petitioning for divorce - 3 years ago
If you were to issue a divorce petition based on two years' separation and your wife refused to consent such a divorce would go nowhere and you would have wasted your money. It is very difficult to change a divorce based on two years' separation to one based on unreasonable behaviour because the original divorce petition stays on the court file so a court is very likely to say, 'Hoby David Terry - UK Divorce Forum
Re: Unmarried, Tenants in common. - 3 years ago
>>Can the fact that my partner is not employed, or that we have a 16 year old living at home be used to prevent this process? Yes. A court is unlikely to order the sale of the property while it is still needed as the home of a dependent child. That is not to say that you would be deprived of your share of the property but you may need to wait until the child is no longer dependent beforeby David Terry - UK Divorce Forum
Re: Daughter and son in law back together just! - 3 years ago
If the title to the property is in your name and that of your wife and you have a proper, formal tenancy that is about as much as you can do if you are going to let them occupy the house. You should get any tenancy agreement drawn up formally though and you should instruct the lawyer who does it in writing (keeping a copy) that you wish to ensure you can recover possession of the property if theby David Terry - UK Divorce Forum
Re: Daughter and son in law back together just! - 3 years ago
Assuming the title deeds say that you and your wife are the joint owners and that you paid for the property in theory it would be possible for your daughter to occupy the property without her husband being able to make a claim upon the property in the event of divorce. However, if her husband also occupies the property it does become their matrimonial home. That does not necessarily give him theby David Terry - UK Divorce Forum
Re: Daughter and son in law back together just! - 3 years ago
It is not clear who is on the title deeds of the house you have bought. This is potentially very important.by David Terry - UK Divorce Forum
Re: Dividing Family business - 3 years ago
If it has staff it is clearly more than simply a vehicle by which you earn your income. What your wife will receive in return for giving up her share of the business very much depends upon how much the business is worth and what assets it has.by David Terry - UK Divorce Forum
Re: Property asset split - 3 years ago
>>Could anyone advise how the property would be split if a divorce would occur? Would the amount of my wife's initial deposit make a difference? The starting assumption would be that the net equity should be split equally. It really doesn't matter that your wife contributed a large chunk of the deposit because (a) this is the matrimonial home so it is a matrimonial asset par exby David Terry - UK Divorce Forum
Re: Income Needs - 3 years ago
>>So I am wondering how a court takes the income needs into account? How much weight do they carry? A court looks at what each spouse reasonably requires in order to meet their day to day needs (including accommodation costs etc) compared to their income. In most cases this is what carries most weight in any decision.by David Terry - UK Divorce Forum
Re: Dividing Family business - 3 years ago
>>Would the courts insist on one person leaving the business? Basically, yes. It is hardly ever a good idea for an estranged ex husband and wife to continue to run a business together. You do not say what role you each play in this business. Although it does happen it is actually quite uncommon for a husband and wife to be joint CEOs of a business. What is much more common is that thby David Terry - UK Divorce Forum
Re: Adultery Divorce Help - 3 years ago
>>If I file for divorce on the grounds of unreasonable behaviour, my wife will not accept that as she wants me to suffer (!) for my adultery - she would likely contest the unreasonable behaviour reasons as I would realistically have to make these up.<< No, you would not have to make anything up (and no-one should). The marriage broke down for a reason and from what you have said ofby David Terry - UK Divorce Forum
Re: Financial agreement - 3 years ago
>>Is the minimum the gov.UK website for child support and half the mortgage? No, this is a common misunderstanding. So far as children are concerned what is payable in most cases is according to a formula on the government website. However, there is NO obligation to pay half the mortgage or half of anything else. Your wife has the benefit of living at the property and you do not so thereby David Terry - UK Divorce Forum
Re: Second Petition - 3 years ago
>>Will it affect anything if I bring it up in my response to petition? It will, yes. It will stop the divorce because you were not separated for five years at the time the divorce petition was issued. >>Or by the time Nisi is considered, these few extra months are up anyway and all good? That would be irrelevant. The facts to found the divorce must exist at the date of issuby David Terry - UK Divorce Forum
Re: Second Petition - 3 years ago
You will find out whether the latest divorce petition has been successful when you receive notification from the court that it is satisfied that your wife is entitled to decree nisi. It may be months before you know that.by David Terry - UK Divorce Forum
Re: Adultery Divorce Help - 3 years ago
If your wife thinks she will get maintenance from you because you have committed adultery then she will also want maintenance if you petition for divorce on the grounds of unreasonable behaviour so it is hard to see what difference that makes. If it is you who wants the divorce it is a mistake to leave it to your wife. If you do you will have next to no control over how long she takes about it.by David Terry - UK Divorce Forum
Re: Adultery Divorce Help - 3 years ago
If the ground for divorce is adultery and you are the one who has committed adultery then only your wife can issue a divorce petition based on that ground. You cannot petition for divorce based on your own adultery. Having said that, it is a mistake to think that only your wife can petition for divorce. If a marriage has broken down beyond repair then both spouses can usually petition for divorceby David Terry - UK Divorce Forum
Re: Adultery Divorce Help - 3 years ago
1. You cannot petition for divorce based on your own adultery. 2. You do not say whether your wife worked during the marriage or what her earnings are. Although it is unlikely both these could have an impact upon whether you need to pay maintenance for any period.by David Terry - UK Divorce Forum
Re: How long will it take - 3 years ago
>> It seems to be taking extraordinary long as he has yet to receive the first part, decri nisi Tell me about it. The length of time it takes courts to deal with divorce wouldn't be out of place in a third world country. Pre-covid they were already disgracefully slow. Covid has made it ten times worse. Supermarkets and DIY stores etc run with minimum disruption but any organisationby David Terry - UK Divorce Forum
Re: Refusing to agree FMH exchange - 3 years ago
>>We were due to exchange today, and at the 11th hour, my ex stops the exchange going ahead citing 'I've got nowhere to move to, you cant kick me out of my own home'. << Under these circumstances if the sale does not go though the proposed buyers have wasted their costs which they can and should seek from your ex. If your ex will not sign it is possible to get a Distby David Terry - UK Divorce Forum
Re: Financial advice after divorce - 3 years ago
Unless and until he makes a court application to recover his tools and tea set you can ignore him by just sending one final letter saying, 'So far as I am aware you have no reasonable claim upon me so I am going to ignore any further correspondence from you.' If he continues to harass you inform the police. Bearing in mind your circumstances when you separated and that he has a placeby David Terry - UK Divorce Forum