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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: Unresponsive - 3 years ago
The petitioner is divorcing you, not marrying you. There is no obligation to discuss the contents of a divorce petition with you. Still less do you have any right of veto over the contents. Obviously the more you can do by agreement the better but that tends to be about sorting out the financial issues arising from the marriage rather than mediating about whether there should be a divorce or nby David Terry - UK Divorce Forum
Re: Ex Misleading Court and Now Refusing to Co-operate - 3 years ago
It really very much depends upon the exact wording of the order made against your ex. The exact words of a court order matter. Because a person does not do X that does not prove Y. However, an order which says something like, 'and in default the court may make findings of fact based upon the evidence of A' would be a stronger foundation. There is an obvious risk that a court may say, &#by David Terry - UK Divorce Forum
Re: Refusing to accept an offer on the house - 3 years ago
>>Can the court force a reasonable offer to be accepted? Yes, and if necessary a District Judge can sign any papers on behalf of your ex. So long as there is proper evidence that the property is being sold at market value you can make an application to the court if your ex continues to be difficult and, provided you have proper evidence and you give her the opportunity to comply beforeby David Terry - UK Divorce Forum
Re: demanding I make a will for divorce with no assets to share - 3 years ago
>>But I have been advised to do the Will to please her into the clean break agreement and then once that’s agreed and we are divorced to just go and get a new Will made, and there is nothing that can be done to enforce this by her. << Then you have received totally wrong advice. It is perfectly possible to enter into a contract to leave something to X in a will and if you were to dby David Terry - UK Divorce Forum
Re: demanding I make a will for divorce with no assets to share - 3 years ago
Under no circumstances should you make a will in the terms she demands. She has no right or business to decide what you do by will in the future. If you get a divorce, she does not remarry and the equity increases, yes, she will be able to make a claim. That is why finances need to be settled formally and finally. That is not to say that it may not be sensible to wait a reasonable time to seeby David Terry - UK Divorce Forum
Re: demanding I make a will for divorce with no assets to share - 3 years ago
If the house is in your sole name (NOT in your joint names) then you probably can take a gamble on issuing a divorce petition (note that you must do it not her), getting a divorce and then waiting to see if she remarries within a short time. It sounds as though she may well do. Obviously you should not leave the situation unresolved for five years but it is worth waiting a year or so to see whethby David Terry - UK Divorce Forum
Re: Not married - 3 years ago
If you are not married then what is yours remains yours and your ex has no claim upon your assets, pension or income. Your only liability is to pay child maintenance. That is the basic position and you should be clear about it. There is no such thing as a 'common law wife' and your ex does not acquire the rights of a wife no matter how long you have lived together. Having said that,by David Terry - UK Divorce Forum
Re: Divorce Petition - 3 years ago
Just as an aside do remember you don't necessarily have to be nice to someone you are divorcing. You are divorcing them not marrying them. Of course, it is a lot easier if both are reasonable and do everything by agreement. That saves a lot of time and lawyers' charges. Unfortunately not everyone is reasonable. If, say, the marriage is obviously over but the other spouse doesn't waby David Terry - UK Divorce Forum
Re: Divorce Petition - 3 years ago
IF his petition has not actually been issued yet and IF you have actually been separated for five years it probably would be better for you to issue your petition rather than be dependent on timescale on your husband. Do please note the 'ifs' though. The last thing you want to do is issue a divorce petition based on five years' separation to be met by, 'Ah, but we haven'tby David Terry - UK Divorce Forum
Re: Tenants in Common - 3 years ago
They can buy out your share for the same amount you would receive if the house was sold and you received your share that way. However, they would also have to remove you from the mortgage because you would suffer prejudice if you remained on it. I suspect that is the real difficulty they would face in trying to buy out your share. Unless they can remove you from the mortgage the house needs to beby David Terry - UK Divorce Forum
Re: Tenants in Common - 3 years ago
The property should be sold and the equity divided. There are no dependent children who need the property as a home and the size of the mortgage is such that I doubt that the mortgage lender would release the other from the mortgage if it was transferred into the sole name of one of you. Being kept on the mortgage would prevent that spouse from obtaining another mortgage. Therefore the cleanest aby David Terry - UK Divorce Forum
Re: Tenants in Common - 3 years ago
Your post contains hardly any of the information that is potentially relevant to what is likely to happen to the property such as:- 1. The value of the property and the size of any outstanding mortgage. 2. How long you have been together and how long you have been married. 3. How much approximately you each earn. 4. Whether there are any other significant capital assets and/or pensions. 5.by David Terry - UK Divorce Forum
Re: Going to Court - 4 years ago
>>What sort of needs would be taken into account when dividing up the assets? Usually where you are both going to live and how it will be paid for as well as things like what income each spouse has. Unless a car is unreasonably expensive within the context of that family's finances cars are usually regarded as necessary means of transport rather than assets.by David Terry - UK Divorce Forum
Re: Going to Court - 4 years ago
In principle assets acquired post separation are non matrimonial and therefore the other spouse does not have any claim upon them. BUT (and this is a very big but) it very much depends upon the detail of individual circumstances because it is quite easy to envisage circumstances where 'needs' trump whether an asset is non matrimonial. Needs take priority. As to whether both parties nby David Terry - UK Divorce Forum
Re: 2nd opinion solicitor - 4 years ago
You can change solicitor at any time just by telling your solicitor and paying your bill. Then your former solicitor will transfer the file to any other solicitor of your choosing. Although this does occasionally happen it invariably incurs something of a duplication of costs. Also do bear in mind that there is a reason they say that a camel is a horse designed by a committee. Different people (aby David Terry - UK Divorce Forum
Re: Buying second home whilst married - 4 years ago
Well, I do nothing but that type of work (when I am not walking one of my eight dogs).by David Terry - UK Divorce Forum
Re: Earnings after separation - 4 years ago
>>My question is: if I were to start to put money aside for the future now, would that be protected in any way since we are already separated? I know what your question is and the answer is, 'no', as I think I have already made clear. >>I understand your point about non-monetary contributions, but what about the 4 years that I supported her before having children? Isby David Terry - UK Divorce Forum
Re: Earnings after separation - 4 years ago
Frankly, I don't understand this question. From your earnings you are paying your wife £700 a month and you are paying the mortgage of the home in which she lives which is a further £1,200 a month. So you are already paying £1,900 per month from your earnings which will no doubt continue at least until the financial issues arising from the marriage are formally and finally resolved. Thereforby David Terry - UK Divorce Forum
Re: Buying second home whilst married - 4 years ago
You could get a separation agreement drawn up I suppose. Provided that document is drawn up formally and settles all financial issues arising from the marriage once for all that should be final. This is rarely to be recommended. First, a formal deed of separation is required. That is is a formal document drawn up by a solicitor. A back of an envelope agreement or a verbal agreement simply will noby David Terry - UK Divorce Forum
Re: Buying second home whilst married - 4 years ago
Well, your father could lend you the money and secure it as a charge against the property. In principle that should mean that the money he loaned you would be secure. Having said that, that type of arrangement is far from ideal. Quite apart from anything else the more time that elapses between you buying the house and getting a divorce makes it more likely that you would be arguing about equity rby David Terry - UK Divorce Forum
Re: Clean Break Order - 4 years ago
>>Do you mean in cases with no kids or assets (and a very short marriage), future financial claims would probably amount to nothing? Usually, yes. However, say you won £10 million on the lottery. In that event a court is very likely to think you could afford to pay some significant lump sum to your ex. Context matters.by David Terry - UK Divorce Forum
Re: Wife is divorcing me - 4 years ago
Like I said, cases such as these depend crucially upon their details. People cannot thwart the jurisdiction of the divorce courts simply by saying, or signing a document to the effect, 'I hold this property in trust for my brother' or some such thing. What matters in cases like that are details such as whether said brother paid full market value for such property or the likelihood thatby David Terry - UK Divorce Forum
Re: Wife is divorcing me - 4 years ago
>>there are properties belonging to others I'm related to, which are held under my name in a deed of trust. Does my wife have any legal ability to pursue these as part of a financial order? Not if they genuinely belong to third parties and it can be proved, no. Having said that, the details are everything. On close examination arrangements like this are often designed to fool someoby David Terry - UK Divorce Forum
Re: Clean Break Order - 4 years ago
If there are no kids or assets it is hard to see where the money would be coming from.by David Terry - UK Divorce Forum
Re: Clean Break Order - 4 years ago
I suggest you read this to understand what can happen if all financial issues arising are not dealt with formally and finally:- Having said that, what you have been told is correct. If your ex will not co-operate then the only way you have of forcing financial closure is by making an application to the court. That will take time and cost money, perhaps a significant sum of money if your exby David Terry - UK Divorce Forum
Re: Pension sharing delay - 4 years ago
If there is a court order in place then there will usually be a clause which reads, 'Liberty to apply'. What that means is that if there is any problem about the implementation of the order either party can apply to the court to deal with the problem. Before doing that your ex should be informed that unless she does X within, say, 14 days you will apply to the court to deal with the proby David Terry - UK Divorce Forum
Re: Pension sharing delay - 4 years ago
If she hasn't signed her side of the order that means no order has been submitted to the court for approval and therefore there is no court order. Without a court order she is not entitled to any of your pension. What you mean by, 'she has not signed her side of the order', is very important. If it means that no document has been submitted to the court because she has not signedby David Terry - UK Divorce Forum
Re: Pension sharing delay - 4 years ago
If there is a court order in place which provides for a pension share you should ensure that pension share is carried out as soon as possible and until it is done you should either stop paying contributions into that pension or you should pay contributions into another pension. It is madness to leave it for years. If there is a pension sharing order in place I can assure you that your (ex) wife wby David Terry - UK Divorce Forum
Re: Pension sharing delay - 4 years ago
Unless you are over 55 or fall within some other exception you will not be able to do that.by David Terry - UK Divorce Forum
Re: Pension sharing delay - 4 years ago
If there is a pension sharing order in place in respect of a particular pension and you have continued to pay into it since the order was made then the mistake is yours. It would have been more sensible to suspend contributions until such time as the pension sharing order was implemented and/or to have made contributions to a different pension. Your ex has presumably acted in her own interest asby David Terry - UK Divorce Forum