It is impossible to tell whether there is a concluded agreement or not without seeing all the paperwork but if there is a concluded agreement it may not be so easy to resile from it and start again. At some point the hammer can fall in this type of negotiation. There is another problem in that you say that you agreed this outcome. If you have changed your mind now your wife is entitled to askby David Terry - UK Divorce Forum
>> For example, is there some request form a solicitor can write to all banks to try and get that evidence for me, could I do a credit check on his name to pull information or even get the judge to make some kind of request? No, no and no to each part of your question. There would never be any end to litigation or anything else for banks to do if people could search all banks looking forby David Terry - UK Divorce Forum
No, you should not give up your job. There is more to life than divorce. There are all sorts of benefits in having a job which are not purely financial. Courts look at earning capacity rather than actual earnings. If A has earned £X for the last five years a court will assume an earning capacity of £X unless there is very good reason for the difference such as illness or retirement.by David Terry - UK Divorce Forum
>>if I told the judge I believe he has other accounts, is suspicion enough that the judge can do something to get information of all his bank accounts No. Suspicion is not enough. Courts act on the basis of evidence, not suspicion. Almost all divorcing couples 'suspect' something or other but suspicion doesn't amount to a heap of beans without evidence. >>if my huby David Terry - UK Divorce Forum
You should be able to obtain a second opinion from another barrister. Obviously you would choose a barrister from a different set of chambers and if you choose a direct access barrister you should not have to go through another solicitor. I would offer a word of caution though. It is that there is rarely one inevitable outcome in this type of legal proceedings. Opinions can and do differ. Theby David Terry - UK Divorce Forum
I think you have misunderstood the mediator or the mediator did not explain it very well. There is just one document to draw up. Doing that almost invariably requires the help of a solicitor so one of you will have to take the result of mediation to a solicitor and get the agreement drawn up in the form of a court order. Now, the other solicitor does not have to instruct a solicitor if they donby David Terry - UK Divorce Forum
Final court orders in divorce financial proceedings - whether by consent or not - cover all the financial issues between both spouses. That is the point of them. They settle financial issues formally and finally. You do not need one each. One such court order settles the financial issues between both spouses.by David Terry - UK Divorce Forum
On these figures it is quite likely that your reasonable needs would be met by a 50/50 division of the capital and pensions so it is hard to see what the justification would be for receiving more of the equity subject to one point. That point is whether your reasonable housing needs can be met for half of £650,000, ie £325,000. The answer is probably yes but property prices vary in different partby David Terry - UK Divorce Forum
I really don't think it is a matter of simply asking for a greater share of the equity and getting it. Your husband obviously thinks the house should be sold at some point in the future and the equity divided equally. It would be perfectly reasonable of him to say, 'I want half the equity and you can have half the pensions'. That way your each get six apples and six pears instead oby David Terry - UK Divorce Forum
Frankly, you cannot protect yourself financially. For as long as the marriage lasts your wife is a stakeholder in your income, your pension and any capital you build up. You cannot contract out of that by any sort of fancy document. And, as Andy says, if a child comes along the needs of that child will be paramount and your needs will come lower down the pecking order. And for what it's wby David Terry - UK Divorce Forum
The obvious course of action is to take it up with your solicitors. If you telephone them I think it is very unlikely they will refuse to speak to you.by David Terry - UK Divorce Forum
Bearing in mind that you have been separated for 12 years what your husband has acquired during that time is in principle non matrimonial property so you would be unwise to assume that you have any automatic claim upon it. For what it is worth it hardly ever makes sense for an estranged spouse to be a director or shareholder of a business essentially run by the other. I think what your husbandby David Terry - UK Divorce Forum
1. It makes no difference although it is usually sensible for the spouse who most wants the divorce to be the petitioner because an indifferent spouse could well delay a divorce. 2. The financial remedies box needs to be ticked otherwise the court does not have jurisdiction to deal with the financial issues - whether by filing for an order by consent or not. 3. No, it depends upon whether Sby David Terry - UK Divorce Forum
It is extremely unlikely that your wife would entitled to half of your flat. Where has she been living for the last four years? By the way, you should not leave it to your wife to decide when you are divorced. If the marriage is over then you can and should end it by divorce regardless of what your wife wants. You do not need her permission or co-operation in order to do that.by David Terry - UK Divorce Forum
The answer is simple. First you get a divorce and progress that divorce to decree nisi. At the same time you draw up (or rather get drawn up) the agreement you have reached in the form of a court order. You both sign that document and when decree nisi is pronounced in the divorce you submit the draft court order that you have signed to the court for approval. When the court approves the draft itby David Terry - UK Divorce Forum
If she refuses to disclose her financial circumstances then you have the right to insist that she does not apply for decree absolute until such time as the financial issues between you are formally and finally resolved. Since she issued the divorce petition she presumably wants a divorce so this gives you some leverage. You do not say whether this completion of Form E is voluntary or not. I suby David Terry - UK Divorce Forum
Looked at from the outside continuing with this marriage is going to bring you nothing but misery. Fortunately you do not have children so you really have nothing to consider but your own future happiness. For what it's worth I have been involved in more divorces than I can count but there are several recurring themes. One is that six months after a person has issued a divorce petition theyby David Terry - UK Divorce Forum
This seems rather odd. You and your wife own a property together which rented out and she has savings yet she claims benefits. One would have thought that the capital she has would disqualify her from benefits.by David Terry - UK Divorce Forum
Yes, those are different figures which would make it broadly fair.by David Terry - UK Divorce Forum
Actually, on these figures we are not talking about dividing £125,000 worth of pension. Total pension assets are £200,000. Therefore if they were equalised your husband would need to transfer £25,000 worth of his pension to you. Even if you treated that £25,000 as the equivalent of cash - which it isn't - that would only mean you should receive 54.5% of the equity in order compensate you forby David Terry - UK Divorce Forum
You won't get that either. Why should your husband pay for work to a house he doesn't live in? With the difference in pension values you are probably entitled to a pension share. You have a better chance of getting that. Possibly your husband might trade off some equity for no pension share but losing £55,000 in cash to keep a pension worth £62,500 wouldn't be attractive to most peby David Terry - UK Divorce Forum
That only works if she is an employee with a payslip. If she receives any significant amount of her earnings in cash you would struggle to prove it.by David Terry - UK Divorce Forum
Basically you want £55,000 in cash for giving up a pension share with a value of £62,500. I can see why your husband said no - especially if you get to stay in the house and he gets to stay with his mum. Your claim to a pension share is simply not worth that much extra cash.by David Terry - UK Divorce Forum
Well, it rather depends what you think she is not disclosing and how important it is. The fact is that most spouses know the financial circumstances of the other. Whether the bank statements show whether that spouse shopped at Waitrose or Sainsbury doesn't really change anything. Possibly there is something important not being disclosed but you have to take a view on this. In practice it isby David Terry - UK Divorce Forum
>>Well, the notion totally comes from us, both, being ignorants of whats fair or not in a divorce. My ex think that because is me wanting the divorce I cant force him to sell or receive more than 50/50 (with no maintenance) in the little that we have. << I don't know how many times I have to say this but your husband is wrong and you are very unwise to agree with him. No courtby David Terry - UK Divorce Forum
I think you misunderstand. The likely outcome in this case is that a court transfers the flat into the wife's sole name with a charge for a percentage of its value in favour of the husband but he will not be able to realise that charge until the children cease to be dependent. You will be responsible for paying the mortgage which you will do from the child support and, if necessary, spousalby David Terry - UK Divorce Forum
To be honest I don't get involved in cases where children are the main point at issue. There is no reason why you cannot deal with this yourself although you can probably get some advice from a local Citizens Advice Bureau and for a hearing which is actually decisive (such as whether a court will let you take the children to live abroad permanently and which involves taking evidence and crosby David Terry - UK Divorce Forum
Frankly I don't think a court would order a sale of the property for reasons I have already explained. A court might also consider the 'loan' by your parents as much softer than a commercial. Looking at that 'loan' realistically if the property was sold and the 'loan' was paid off before division of the equity then when you bought another property your parents wby David Terry - UK Divorce Forum
The hearing is urgent because the court will want to preserve the status quo by ensuring the children stay in the UK until such time as it can properly consider what would be in the children's best interests. The steps directed at the hearing will be temporary until such time as each parent can fully explain their position and, possibly, a welfare report has been prepared. In view of what yoby David Terry - UK Divorce Forum
There is no easy answer to this. If this is a 'needs' case then it won't matter that your pensions accrued before you met because they may have to be taken into account to meet needs. However, if this isn't a 'needs' case the pensions would be treated as non matrimonial and excluded. They will be included if necessary to prevent hardship but they will be excluded ifby David Terry - UK Divorce Forum