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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: 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
Re: Decree Absolute - 3 years ago
Like I said, not wanting decree absolute is not enough. You need a valid reason to prevent it and you haven't given one. That is not to say that some such reason might not exist but simply saying you want the finances to be settled first is not in itself enough.by David Terry - UK Divorce Forum
Re: Consent order offer - 3 years ago
>>My wife is happy with me buying her out as he understands that she cannot afford to pay the mortgage on her own, or indeed secure a new mortgage on her income. I think your wife needs to take legal advice because if this is what she thinks she is making a number of assumptions which are mistaken. 1. It is quite often the case that the wife cannot afford to pay the mortgage on her oby David Terry - UK Divorce Forum
Re: Decree Absolute - 3 years ago
You cannot prevent decree absolute simply because you do not want it. In order to prevent decree absolute there has to be a valid reason which means not every reason will do. If you do not have a valid reason for not applying for decree absolute and it becomes necessary for the respondent to apply for the decree then the respondent will be able to claim the costs of the application from you. Youby David Terry - UK Divorce Forum
Re: Consent order offer - 3 years ago
Well, there is a problem with this in that it takes two hands to clap. Unless your wife agrees to you buying her out this proposal may just be theoretical. Looked at from her point of view I can see why it might be unattractive. You get to stay in the matrimonial home with your daughter, it is possible you might not be able to get her released from the mortgage (because of its size in proportionby David Terry - UK Divorce Forum
Re: Does this seem right? - 3 years ago
Since you will be splitting the cost of an actuary it is probably worth spending the money in these circumstances. Bearing in mind the length of the marriage and your wife's fairly senior position you are probably not talking about a trivial pension. Also, pensions are now usually divided on the basis of producing equal pension income at some point in the future rather than on the basis of sby David Terry - UK Divorce Forum
Re: Divorce financial split - 3 years ago
There is a problem here in that you are still married and the house you live in was the matrimonial home. It is the current value that matters not what the house was worth at the time of separation. Likewise it matters not one jot that he transferred the house to you and signed something at the conveyancer's. The conveyancing lawyer should have pointed out to you that such a document had limby David Terry - UK Divorce Forum
Re: Does this seem right? - 3 years ago
>>My query really is that my Solicitor says my Wife's Pension is likely to be much bigger than I think Your solicitor is correct. You cannot possibly agree to accept a lump sum in lieu of a share of your wife's pension until you actually know what it is worth. Also, the 'true value' of a public sector pension is often not properly reflected by a CETV figure. The CETVby David Terry - UK Divorce Forum
Re: Mediation - 3 years ago
That sounds expensive to me if it really is £120 per person per hour. I don't think anyone could criticise you if you told the mediator that it was too expensive to continue. The mediator should be able to tell you whether you are eligible for legal aid or not.by David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
The fact remains that if your brother wants advice he should seek it on his own account. To rely upon advice obtained via a third party such as yourself would be a fundamental mistake for him. And however 'close' you may be as a family that is your perspective. Your interests and those of your parents are not identical however much you may think they are. Again, if your parents are cby David Terry - UK Divorce Forum
Re: Fastest no contest divorce options - uncontested divorce - 3 years ago
>>Its more which is more likely to grant the divorce Unreasonable behaviour as above . Or Adultery << It makes no difference. Provided there are no errors in the divorce petition there is no difference in timescale or other effect between the two. >>Reasons a divorce been thrown out or denied ? As many as there are stars in the sky. It just needs an error and possiby David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
There are two observations which I want to make here. 1. Your brother's marriage is nothing to do with you. If he is old enough to get married he is old enough to take his own decisions and get his own advice. 2. There is something distasteful about adult children counting on an inheritance from parents who are still alive. In this country there is freedom of testamentary disposition wby David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
This is applied basket weaving. Your parents are still alive. This has been answered. Speculating about this, that or the other theoretical future is a waste of time.by David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
Within limits I do answer questions directly every day and do not charge for general enquiries. However, if questions start to become disproportionate and/or they are in the nature of, 'Can you tell me how to complete a divorce petition' or 'Can I transfer the matrimonial home to my brother?' then I will say so.by David Terry - UK Divorce Forum
Re: Tenants in Common query and paying maintenance for soon to be 18 year old Son - 3 years ago
Because, surprise you though it may, a TR1 is primarily a document which transfers title to property and as such it is used by married and unmarried people, companies, trusts, unincorporated associations, etc etc. Its purpose is not to determine property rights upon divorce. That is what section 25 of the Matrimonial Causes Act is for.by David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
They can come to whatever private agreement they want but if they want that private agreement turned into a court order (which is the only way of making any settlement of matrimonial financial issues formal and final) then a court would have to approve it. And a court will not approve any settlement unless it thinks it is broadly fair. You say the house is worth £300K and that it has an outstaby David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
A potential inheritance is irrelevant. People can and do leave their estates to a cats' home or an orphanage. As long as your parents are still alive what your brother may or may not receive upon their death is irrelevant. It would be different if they were dead and their estate was in the process of administration but the mere hope of an inheritance is too uncertain for a divorce court to tby David Terry - UK Divorce Forum
Re: percentage of marital home - 3 years ago
This is a long marriage and the house became the matrimonial home. The starting point for any discussion will be an equal division of the equity. Whether she 'put any money into the house' isn't really the issue because contributions are not measured in purely financial terms. The relevant part of the applicable section of statute reads, '(f) the contributions made by eachby David Terry - UK Divorce Forum
Re: Tenants in Common query and paying maintenance for soon to be 18 year old Son - 3 years ago
You have been together for 21 years and now you are married. The house is the matrimonial home. The notion that she is entitled to 0% because of some transfer form is fantasy. So long as your son is in full time education (limited to first degree level or equivalent) you are still liable to maintain him.by David Terry - UK Divorce Forum
Re: Ex Wife Applying to Set Aside Financial Settlement - 3 years ago
>>Expects to me 2 do round trips every weekend 600 miles in total You would be unwise to do that. As to your main point it is not so easy to set aside a court order where both sides were legally represented.by David Terry - UK Divorce Forum
Re: Newbie looking for advice - 3 years ago
Well, you can't just invent a date but if you are satisfied that the date you choose can be proved as the date that you separated that is all that matters. If in this case separation means living at different addresses that is usually easily proved one way or another.by David Terry - UK Divorce Forum
Re: Support for new bill to obtain fairer financial settlements on divorce - 3 years ago
>>As it stands in England & Wales, even if you had 100% of all the assets before marriage, there were no children in the marriage and both parties worked. There will still be a split along the lines of 50/50, or if you are really lucky 60/40<< Just as a matter of interest it does not say this in any Act of Parliament. What has happened to produce this type of outcome is judgesby David Terry - UK Divorce Forum
Re: Advice for division of Household Contents - 3 years ago
These comments speak from experience and they are right. Contents are worth their second hand value not what they cost to purchase or would cost to replace. In practice this means that house contents are of negligible financial value in most cases. Most people just don't have Louis XV chairs or whatever. Andy is right too. Most husbands are probably happy to turn their back on these thingby David Terry - UK Divorce Forum
Re: Newbie looking for advice - 3 years ago
>>Also how much can I prepare for before the 5 years are up ? You can get the existing divorce proceedings formally dismissed so that when you have been separated for five years you will be able to issue a divorce petition on that ground without further delay.by David Terry - UK Divorce Forum
Re: Newbie looking for advice - 3 years ago
>>Being that 5 years of separation will be up in a few months will the earlier paperwork cause any problems or can I just go ahead with it now ? It will cause problems. You will need to formally dismiss both previous petitions before you can proceed with another one (assuming that neither is now capable of being progressed). >>she is trying to say because I left the home she shoby David Terry - UK Divorce Forum
Re: Confused and Scared - 3 years ago
If you have assets of £900K then it is absolute cloud cuckoo land to think that you could protect that with a post nuptial agreement. 'We agree that husband has assets of £900K but in the event of divorce I agree to make no claim upon those assets'. Do you seriously think that a court would think itself bound for a moment by an agreement like that? Although the answer should be oby David Terry - UK Divorce Forum
Re: Confused and Scared - 3 years ago
Neither a post nuptial agreement or the visa wheeze will work. Courts are not bound by post nuptial agreements. If a marriage breaks down in weeks or months and you separate then may be but the longer the marriage lasts the less weight will be attached a post nuptial agreement. My guess is that the marriage will last as long as it takes for her to get indefinite leave to remain which suggests theby David Terry - UK Divorce Forum
Re: Property - 3 years ago
And was that the home of your husband's parents before you married him? Had they lived there since the property was bought and approximately how long had they lived there?by David Terry - UK Divorce Forum
Re: Property - 3 years ago
Whose home was it before you came along? Was it the home of your husband's parents? What property did they remove him from exactly? It is not really clear whether you are talking about one property (the 'marital home' and the property he was removed from being one and the same) or whether you are talking about two properties (the marital home and the property he was removed from).by David Terry - UK Divorce Forum