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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: Sending consent order to court - 3 years ago
If the other party does not sign the order then there is no consent and a court cannot approve a 'consent order' without consent. If the other spouse refuses to sign then the only way of bringing matters to a conclusion is by making a formal application to the court to determine the financial issues arising from the marriage. It makes no sense to wait indefinitely for a signature whichby David Terry - UK Divorce Forum
Re: Mom rights - 3 years ago
Your rights (and those of your husband) depend upon what assets there are and what they are worth as well as factors such as your respective earning capacities and the actual ages of the children. Rights do not exist in the abstract. They are rooted in particular facts which vary from marriage to marriage.by David Terry - UK Divorce Forum
Re: Child Custody - 3 years ago
I think your wife should seek independent legal advice from a lawyer who is genuinely independent. This arrangement does not look to me to be in the best interests of the child. There are serious issues here not the least of which is why a five year old child has apparently taken against her mother. I am also very doubtful whether the mother has been properly advised of her rights upon divorcby David Terry - UK Divorce Forum
Re: Manipulation and compliction - 3 years ago
If a person has a solicitor then it is rarely helpful to have a back seat driver. If you have any questions you want answered it might be sensible to make a list and then pose them to your solicitor. Solicitors charge on a time basis so if you make efficient use of your solicitor's time you can keep costs down.by David Terry - UK Divorce Forum
Re: Manipulation and compliction - 3 years ago
You have a solicitor. You should be asking your solicitor these questions. That is what you are paying for.by David Terry - UK Divorce Forum
Re: Can a solicitor advise this? - 3 years ago
There usually are penalties for breaking court orders but court orders dealing with issues such as contact with children are a separate sub set of court order. Penalties are not attached to such orders automatically. That is because what is in the best interests of the child has to be considered each time such an order is made or brought back to the court. It is rarely in the best interests of thby David Terry - UK Divorce Forum
Re: Can a solicitor advise this? - 3 years ago
>>Very true, and sadly I know of a few fathers who have court orders in place to see their children and yet are still refused contact by the mother for reasons of "just because". So do I which is why I always caution people against thinking that everything can be settled by a court order. When it comes to children that is sometimes not the case. Parents who are most difficultby David Terry - UK Divorce Forum
Re: Can a solicitor advise this? - 3 years ago
Well, I don't know how the court system works in Scotland but in England a parent determined to be difficult about contact with children will continue to be difficult whether there is a court order or not. If, say, a court orders that you have contact every Saturday between 10 am and 4 pm what do you do when you turn up to find that X has a 'stomach bug', 'gone to a birthday pby David Terry - UK Divorce Forum
Re: Can a solicitor advise this? - 3 years ago
People often say that their solicitor has said such and such when that solicitor has said no such thing. This is very common. You should not attach any credence to it. If a parent with the day to day care of children denies the other contact that is also very common and in practice it is very difficult to do anything about unless you want to spend your life in court.by David Terry - UK Divorce Forum
Re: Child Maintenance advice - 3 years ago
>>My ex-wife is unhappy that I won't go for the lump sum option and is refusing to accept my offer of child maintenance in line with my reduced income. I dare say she is 'unhappy' with it. That is too bad. Child maintenance should be paid for out of income and if income drops so too does child maintenance. Frankly, I don't know the details of the CMS rules. That syby David Terry - UK Divorce Forum
Re: Said won’t sign. - 3 years ago
You can only prove service of the petition if he, not someone else, signs for it. Since there are rules about personal service effected by the petitioner (as opposed to a lawyer acting on the petitioner's behalf) you would be wise to seek legal advice about how exactly you do it.by David Terry - UK Divorce Forum
Re: is divorce settlement taxable? - 3 years ago
I have given you my answer. I am not going to enter into a debate about unspecified content you may have read online which you are relaying second hand. If you want taxation advice upon which you intend to rely I would suggest you speak to an accountant but under no account take advice about divorce from an accountant.by David Terry - UK Divorce Forum
Re: is divorce settlement taxable? - 3 years ago
It is not taxable in your hands, no. That is because it is either being paid as capital or else he is paying it out of income that has already been taxed.by David Terry - UK Divorce Forum
Re: Said won’t sign. - 3 years ago
Assuming the divorce is on a ground which does not require his consent then whether he signs the paperwork and returns it doesn't matter a jot. PROVIDED it can be proved that the divorce petition has been served on him then a divorce can proceeds 31 days after service whether he returns the paperwork or not. There are various ways of serving a divorce petition in such a way that service canby David Terry - UK Divorce Forum
Re: Manipulation and compliction - 3 years ago
Impossible to say without seeing the divorce petition. Relevance will depend on the context of the divorce petition.by David Terry - UK Divorce Forum
Re: Accessing My Pension - 3 years ago
>>I'm wondering if the same would apply to other assets? If she sold her car and went on a world cruise for instance? Your average family car would probably not fund a world cruise but, yes, the same principle would apply not least because such a course of action would be very difficult to justify. >>Also, if she ran up debts on a credit card (after the break up) would theby David Terry - UK Divorce Forum
Re: Looking into getting a divorce - 3 years ago
Well, only you can decide if it is a divorce you want. No-one can compel you to remain married against your will. Having said that, this is a decision only you can take.by David Terry - UK Divorce Forum
Re: What to do about the family home - 3 years ago
>>I would actually argue that the status quo for childcare is a 50/50 split. That ignores the fact that you and your wife currently live in the same house. That is a very different situation from the children spending 50% of their time at one address and 50% at another. That would normally be regarded as unsettling for children. It will only happen if that is what your wife also wants.by David Terry - UK Divorce Forum
Re: What to do about the family home - 3 years ago
>>But I also feel it is unreasonable to expect her living costs to be met solely by myself. Surely, both of us need to be able to support the children independently in our respective houses? Your wife's living costs are currently being met solely by you. That is the status quo. She also has the care of two children aged 5 and 8. It is unrealistic to expect her to become self sufficiby David Terry - UK Divorce Forum
Re: Manipulation and compliction - 3 years ago
Frankly you would be bonkers to try and settle this directly with your husband without taking your own independent legal advice. The sort of figures you are talking about here are such that any legal advice would very likely pay for itself many times over. For a start 1. You should not agree to a sale of the former matrimonial home except within the context of a formal and final financial sby David Terry - UK Divorce Forum
Re: Accessing My Pension - 3 years ago
>>I'm at an age where I can access my pension. What's to stop me from taking a lump sum and spending it and/or paying off debts? Well, if your wife became aware of your plans she could stop you implementing them by injunction. Assuming you were successful in doing it behind her back and spending the money then a court would be likely to say, 'You have had £100K. You may haby David Terry - UK Divorce Forum
Re: What to do about the family home - 3 years ago
If there is a Mesher order the former matrimonial home is transferred into the sole name of one spouse subject to a charge in favour of the other. The spouse to whom the property is transferred undertakes the responsibility to pay the mortgage. However, if that spouse has no income then it may be that the only way she can pay the mortgage is from maintenance payments made by the other spouse.by David Terry - UK Divorce Forum
Re: What to do about the family home - 3 years ago
Yes, it is one of the most common situations. If your wife remains in the house with the children then she will be unable to get you removed from the mortgage. The mortgage lender will not agree because her earnings are too low. There is no reason why they should take the risk of removing you from the mortgage and they cannot be compelled to remove your name. In these circumstances you can onlby David Terry - UK Divorce Forum
Re: Sending consent order to court - 3 years ago
A court will not approve any consent order unless it is clear that it has been signed by both parties. The clue is in the name - 'consent' order. A court will not presume consent. It needs evidence of it.by David Terry - UK Divorce Forum
Re: How to do this? - 3 years ago
If your wife is on a low income then you cannot accept the mortgage lender to agree to take you off the mortgage. You will therefore remain on the mortgage and that will make it difficult for you to obtain another one. There is no reason why at some point in the future you should not be able to have some share of the equity. However, whether that is practical very much depends upon the figures anby David Terry - UK Divorce Forum
Re: Child Maintenance advice - 3 years ago
Don't do it. Child maintenance should only be paid from income. You can only afford to pay what you can afford to pay if your income drops and there is a formula for calculating it. Your ex wife may not like this but if your income drops there is no good reason why she should be insured against the consequences at your expense. Your income is what it is.by David Terry - UK Divorce Forum
Re: What to do next? - 3 years ago
Assuming he can afford to do so from income he should pay you sufficient child and spousal maintenance such that you should not need to eat up capital. Child and spousal maintenance is always capable of being varied if circumstances change so if he is not paying sufficient now you should raise that now regardless of whether circumstances change in April 2020.by David Terry - UK Divorce Forum
Re: What to do next? - 3 years ago
I see no reason why your husband should not pay you periodical payments until some fixed date in the future by which date you should be financially self sufficient. I see no obvious reason why he should buy out your maintenance claims now by way of a lump sum. To some extent he has already done that in the division of the existing capital. He will, of course, also need to pay child maintenance.by David Terry - UK Divorce Forum
Re: What to do next? - 3 years ago
You are talking about capital but you give no figures about what capital is actually available or, indeed, give any indication of the capital value of what you have already received. The figures matter.by David Terry - UK Divorce Forum
Re: TESTIMONY ON HOW MY HUSBAND CAME BACK (or another bogus 'Dr' preying on the gullible) - 3 years ago
Dear Anrdea56, only gullible fools believe in the sort of nonsense peddled by 'Dr' Okumas. I am quite sure he is real enough otherwise there would be no point to the scam. Whether his is really a 'Dr' and whether his real name is 'Okumas' is something else. By all means tell us what his 'doctorate' is in and what his physical address is. That shouldn'tby David Terry - UK Divorce Forum