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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: Property rights - 4 years ago
Bearing in mind that the property is in your joint names you would have difficulty in excluding your spouse legally in the absence of some sort of violence being threatened towards you. Having said that, if you are separated and your spouse has somewhere else to live it would probably be sensible to change the locks. You certainly don't want to make it easy for your spouse just to walk in.by David Terry - UK Divorce Forum
Re: What can I be expected to lose? - 4 years ago
I suggest you get a divorce as soon as possible and within the context of that divorce you can get a court order (hopefully by agreement) which settles all the financial issues arising from the marriage once for all. If you do not do this you should read this page to understand the risk you would be running.by David Terry - UK Divorce Forum
Re: What can I be expected to lose? - 4 years ago
You do not say how long you have been married and/or cohabited prior to marriage. Although in principle assets acquired post separation are non matrimonial that can always be trumped by 'need' so rather a lot depends upon factors like the length of the marriage and what your wife's reasonable needs are. In view of the figures I think it is unlikely she has any real claim but all poby David Terry - UK Divorce Forum
Re: Ex has substantially undervalued matrimonial home - 4 years ago
If the Matrimonial Homes Act Notice has been placed on the property before exchange of contract and before any remortgage then the mortgage lender and any purchaser would take the property subject to your rights. Since this is urgent exchange of contracts should be prevented. Your solicitor should notify the proposed purchaser and your husband immediately that any sale would be subject to your riby David Terry - UK Divorce Forum
Re: Financial Matters - 4 years ago
It depends in whose name the bills are and factors such as your income compared to that of your wife, how old the children are etc.by David Terry - UK Divorce Forum
Re: Disclosure of Property ownership during Settlement Proposals - 4 years ago
If she is the owner of the property it is easy enough to find out simply by obtaining office copies of the title from the Land Registry. If the Land Registry title confirms she is the owner you should refuse to progress the agreement which has been reached on the basis that your wife did not make full and frank disclosure.by David Terry - UK Divorce Forum
Re: Divorce, Dissolution & Separation Act - 4 years ago
I am not sure that removal of fault in divorce is actually progress. The reason unreasonable behaviour is so much relied upon as a ground for divorce is that if you decide you want a divorce today you can issue a petition on that ground today. Once you have 'no fault' divorce you can bet your life there will be some form of compulsory delay or obstacle before you can issue a divorce petby David Terry - UK Divorce Forum
Re: Sorting out chattels post FDR - 4 years ago
1. You pay a court fee and make a formal application to the court. Before you do this please remember that the value of chattels in a house is normally quite low. That is because they are valued as is - ie second hand - rather than what they would cost to replace new. 2. The time scale is normally specified in the order. It is unusual for a court order not to have time scales for implementatioby David Terry - UK Divorce Forum
Re: Not responding - 4 years ago
You need to make an application to the court for what is called substituted service - ie the service of the divorce petition in such a way that the court can be reasonably sure it has come to his attention. If you had his email address sending the divorce petition to that email address would be one form of substituted service. Sending it to his sister's address could be substituted service iby David Terry - UK Divorce Forum
Re: Defended Divorce - 4 years ago
>>Can I ask the court to make a final order without a hearing? Yes, provided you make an application to that effect. When the time for filing the statement has passed and you have a record of having asked for it but not having received a reply you can make a formal application to the court for the matter to be dealt with on the existing paperwork. You will have to pay a court fee to do tby David Terry - UK Divorce Forum
Re: Refusing to engage - 4 years ago
The problem is (a) where she and the children would live if the house was sold and (b) there is not enough equity to provide adequately for both of you if it was sold.by David Terry - UK Divorce Forum
Re: Refusing to engage - 4 years ago
1. If 14yo chooses to stay with mum (and no agreement is reached between us pre-family court), does this hamper my access to 4yo as they’re brothers? No, it doesn't hamper your access but the two children are unlikely to be separated so if the 14 year old lives with mother so will the 4 year old. 2. If she claims to be the ‘main caregiver’ would this force me to have to prove that it wby David Terry - UK Divorce Forum
Re: Going through courts - 4 years ago
If you cannot reach agreement with your ex then you have no choice other than to make a court application to get the issues settled once for all. If you do not you will simply lose more money in the long term. It is better to bite the bullet now. It is impossible to say whether what you are proposing is fair or not because there is simply not enough information. To give a sensible answer a solby David Terry - UK Divorce Forum
Re: Financial settlement 10 years later - 4 years ago
Well, first I should tell you that if you were not the spouse that issued the divorce petition (ie your ex wife issued it) then once you remarry you will lose all right to ask the court to deal with the financial issues arising from the marriage. However, if your wife issued the petition (and assuming it was properly worded) she would retain the right to pursue you for, say, a pension share evenby David Terry - UK Divorce Forum
Re: CETV or Specialist Report - 4 years ago
I am sorry but although it has probably taken you a little time to post these figures the fact is that they do not mean much to me because they are just figures with no meaningful context. They do, though, perhaps underline the fact that these seem to be quite modest pensions so you and your wife might benefit from taking a broad brush approach. What will probably determine the outcome is whatby David Terry - UK Divorce Forum
Re: CETV or Specialist Report - 4 years ago
A report from an actuary will cost you about £2,000 to £2,500. On these figures that cost is significant. Cash and CETV in a pension are not the same thing so dividing the £52,650 difference in your pensions by two does not mean that it would be appropriate to sacrifice £25,000 of equity in order to keep £25,000 worth of pension CETV.by David Terry - UK Divorce Forum
Re: Clean break hell - 4 years ago
If there has been no financial link between you since 2015 I think your ex would struggle to make a claim now. Mind you it does depend upon the nature of the disability, when it arose and your earnings now. It is possible to envisage some sort of exceptional circumstances which might justify some sort of claim.by David Terry - UK Divorce Forum
Re: Change in circumstances - 4 years ago
You can proceed unless he stops you. He would have to make an application for a 'prohibited steps' order in order to stop you. Whether he would actually make such an application is anyone's guess. Then there is the question of whether a court would prevent you from sending your daughter to a boarding school indefinitely. That seems very unlikely to me. At best I suspect your ex husby David Terry - UK Divorce Forum
Re: Change in circumstances - 4 years ago
Both parents normally have parental responsibility regardless of which parent the child lives with. Parental responsibility does mean having some say in the education of a child. Indeed, if you are expecting your ex husband to pay for it most people would expect your husband to have some say in the matter of whether your daughter attends boarding school. It may be reasonable for you to do that buby David Terry - UK Divorce Forum
Re: What happens at Final Hearing? - 4 years ago
>>How does the hearing play out? How can anyone answer that except with generalities. The Applicant opens the case and is then called to give evidence, After that the Respondent can cross examine the Applicant on that evidence. Then the Respondent gives evidence and the Applicant can cross examine. The Respondent makes a closing statement and then the Applicant. After that the judge givby David Terry - UK Divorce Forum
Re: The ultimate nightmare... - 4 years ago
>>will the fact she only lived with me for 3 weeks in a rented property before disappearing mean she can get less from me financially. Yes. However, everything you say about the consequence of making an allegation of domestic violence in this situation is that the complainant is automatically entitled to legal aid and entitled to remain in the UK is a national scandal. Although it outby David Terry - UK Divorce Forum
Re: Error in Pensions Actuary Report - 4 years ago
>>Would I be justified in refusing to pay my solicitor for their extra costs in reviewing the revised Actuary report and re-producing an amended Pension Share Order, and of course all the emails and phones calls I have made to them querying this matter. So far as I can see if any mistake has been made here it is by the actuary who seems to have acknowledged it. Solicitors are not actuariby David Terry - UK Divorce Forum
Re: First hearing but not asked for any statement - 4 years ago
I am sorry but to receive proper advice about this you need to make an appointment to see a solicitor and takes copies of all the paperwork with you. There is obviously more to this than can sensibly be dealt with by a summary of what the documents are said to contain.by David Terry - UK Divorce Forum
Re: First hearing but not asked for any statement - 4 years ago
>>Should I send an email with my position statement to them or just leave it? You should, yes. Please note, though, that when you email the court you must CC that email to the other side (so that the court can see it has been CCd to the other side). You can only rely upon it (and the court will only look at it) if proper notice of the content has ben given to the other side.by David Terry - UK Divorce Forum
Re: Divorce and proceedings - 4 years ago
It is possible to regulate financial issues once for all with a separation agreement (properly drawn up and not simply on the back of an envelope). The reason why one would not normally recommend a separation agreement is that it almost by definition forces you to obtain a divorce based on separation. Other grounds of divorce (at the moment) provide for instant divorce in that one does not have tby David Terry - UK Divorce Forum
Re: Financial Agreement issues - 4 years ago
1. Who was 'at fault' is totally irrelevant to the financial outcome. It really has nothing to do with it. 2. The children are very young and there is a huge differential in your respective earning capacity. Apart from child maintenance there should at the very least be nominal spousal periodical payments for as long as the children are dependent. That is to cover the position whereby David Terry - UK Divorce Forum
Re: Advice needed reguarding children and divorce - 4 years ago
He may be able to stop you in the short term if he applies for some order in respect of the children. A court is likely to say that until such time as it can decide the matter the status quo should be preserved and unfortunately ti can take some time for a court to make a final decision. Having said that, I doubt that he can stop you in the long term because what you want to do is reasonable enouby David Terry - UK Divorce Forum
Re: Financial Agreement issues - 4 years ago
If you are living in rented accommodation, have the care of two young children and debt rather than savings I think your husband will struggle to ring fence 'his' savings. They may have been acquired post separation but assets acquired post separation will only be ignored if the reasonable needs of both parties and any dependent children can be met without recourse to those assets. Thatby David Terry - UK Divorce Forum
Re: Financials - 4 years ago
Yes, it would be possible but I would make a few points about this. 1. No matter what agreement you come to you should ensure it is made formal and final in a court order before you transfer any property. If you neglect to do this you run the risk that in the future your wife changes her mind and comes for a share of your pension. 2. You say you are doing this because you have 'turnedby David Terry - UK Divorce Forum
Re: Divorce, Dissolution & Separation Act - 4 years ago
Yes, it is due to come into force in the Autumn. The Lord Chancellor brings it into force by laying statutory instruments before Parliament. There is no single commencement date. Different sections of the Act may be brought into force on different days. Indeed, some parts of the Act came into force on the day the Act was passed in 2020 but if you mean whether no fault divorce is in force yet theby David Terry - UK Divorce Forum