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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: Foreign divorce but UK assets - 3 years ago
What you are proposing is not fair. You will forgive me but I really don't want to spend any further time on this. You are clearly intent upon ploughing your own furrow. If you want legal advice upon which you intend to rely I can see no reason why you should not pay for it because you are obviously in a position to do so. Any advice I have given you here has clearly fallen on deaf ears so Iby David Terry - UK Divorce Forum
Re: Foreign divorce but UK assets - 3 years ago
Like I said, it is my opinion you should seek a divorce in the UK and settle any financial issues within the context of that divorce because that is where you are located and it is where the property is located. I have explained this at some length. You are free to ignore that advice. You are the one who will bear the consequences of ignoring it but you are an adult and free to make your own deciby David Terry - UK Divorce Forum
Re: Foreign divorce but UK assets - 3 years ago
Your preference is a mistake. I have already explained the reasons why. I am not going to do so again. It will be you who will live with the consequences of your decisions not me.by David Terry - UK Divorce Forum
Re: Foreign divorce but UK assets - 3 years ago
I have already told you that if the issue is property in the UK and you live here then you would be well advised to issue divorce proceedings in the UK regardless of the wishes of your spouse. It is possible under the 1984 Matrimonial and Family Proceedings Act to seek financial relief in the UK following a divorce obtained overseas. However, using that procedure is more complicated and expensiveby David Terry - UK Divorce Forum
Re: Foreign divorce but UK assets - 3 years ago
Getting to the UK is your wife's problem. A divorce can go ahead here whether she can come here or not. As to the outcome, it is figures which matter. Also, of course, when you say 'contributions' you obviously mean money. However, a court does not measure contributions to a marriage in purely financial terms. Different spouses can contribute in different ways. Contributions are noby David Terry - UK Divorce Forum
Re: Foreign divorce but UK assets - 3 years ago
You can transfer the title of the property from joint names to your sole name regardless of any divorce if you are both agreed upon that. If you are not agreed upon it then that is a different matter. In that event you would probably find it better to get a divorce in the UK and have the property dealt with in the context of that divorce.by David Terry - UK Divorce Forum
Re: assets after divorce - 3 years ago
Where you stand is that you are not entitled to anything. 1. Pension sharing is only available to couples beginning divorce proceedings after the legislation came into force (1 December 2000). You were divorced in 1999. 2. You remarried in 2003 so unless any financial claims were made in the divorce petition and you were the person who issued the divorce petition you will have lost your rigby David Terry - UK Divorce Forum
Re: assets after divorce - 3 years ago
Just as an aside if you live in England and your ex wife and children live in Scotland are you sure that issuing a court application about contact is sensible? Now, I don't actually know how far apart you and the children live. So far as I know you may each live within a few miles of the Scottish border. However, the chances are that in fact you live a long way away from the children. Ifby David Terry - UK Divorce Forum
Re: assets after divorce - 3 years ago
I doubt that contact with children has anything to do with the financial issues arising from the marriage. If you and your ex were disputing who the children should live with that might conceivably be relevant. However, before you go darting down that path if the children have habitually lived with your ex in Scotland it is very likely not realistic to be seeking residence.by David Terry - UK Divorce Forum
Re: assets after divorce - 3 years ago
You will need to speak to a lawyer in Scotland about that. Since you were divorced in England and you live there you can certainly use the English courts to resolve the financial issues arising from the marriage. Whether you can also use the Scottish courts only a lawyer qualified to practise in Scotland can tell you.by David Terry - UK Divorce Forum
Re: Final financial hearing looming - 3 years ago
>> looks like her solicitors advice to play down her earnings and make out she is having a bad year is working and the other side would never be able to prove as all cash takings, those are the actual figures. If any solicitor has given any such advice it would be a disciplinary matter and a possible contempt of court. All solicitors are officers of the court and as such their duty to tby David Terry - UK Divorce Forum
Re: Final financial hearing looming - 3 years ago
I think that is the minimum he can expect. If these are actually the figures then I doubt whether such a division in itself would be fair. It may be that he would get a charge on the former matrimonial home of a percentage of its value such a charge not to be capable of being enforced until the children cease to be dependent, or his wife dies or remarries whichever shall happen soonest. The capitby David Terry - UK Divorce Forum
Re: Final financial hearing looming - 3 years ago
>> my friend is self employed and has hidden a lot of her money to declare her earnings as £5k a year self employed So basically you are saying she is dishonest. After a relationship of 14 years and total capital of £330,000 I very much doubt that it would be reasonable to divide capital 90/10 in the wife's favour. If this situation was reversed and it was the husband who was claimiby David Terry - UK Divorce Forum
Re: Deed of separation - 3 years ago
Look, if your spouse is in another country and service is likely to be an issue then YOU, not the court, needs to sort out whatever method of service is required to prove that the divorce petition has been received by your spouse. This can be done in many ways but it is the responsibility of the person issuing the petition and not the responsibility of the court. I deal with clients (and their spby David Terry - UK Divorce Forum
Re: Adultery and non consent of divorce - 3 years ago
It is rarely a good idea to speculate what financial circumstances will be in two years' time. All sorts of things can happen - perhaps an inheritance, lottery win, one spouse develops an illness etc.by David Terry - UK Divorce Forum
Re: Deed of separation - 3 years ago
I did NOT say that. I said 'as long as service can be proved'. Service can be proved in a number of different ways. It is not a question of the courts 'knowing'. It would be YOU who would to prove service or to effect service if necessary.by David Terry - UK Divorce Forum
Re: Maintenance payments - am I liable? - 3 years ago
You would be unwise to rely upon 'sounds like'. Facts are what matter and, in particular, figures. So long as your question is based on generalities rather than solid facts it is incapable of meaningful answer. And that goes for anyone else's two ha'p'orth.by David Terry - UK Divorce Forum
Re: Divorce - Unreasonable behaviour - 3 years ago
You do not need your wife's permission or co-operation in order to have a divorce and she certainly cannot force you to wait five years unless you are foolish enough to go along with that. You will be able to have a divorce now. You do not have to wait. Having said that, if you are going to petition for divorce on the grounds of unreasonable behaviour the circumstances are such that the divoby David Terry - UK Divorce Forum
Re: What is Ringing Inheritance - 3 years ago
You cannot 'ring fence' an inheritance. However, what you are talking about here is the expectation of an inheritance from a living person. That is rather different. If you and your spouse are getting divorced then the simplest thing is to get a divorce, and to settle the financial issues arising from the marriage formally and finally. Once that has been done your step father can includby David Terry - UK Divorce Forum
Re: Adultery and non consent of divorce - 3 years ago
If one spouse has committed adultery and the other wants a divorce then it is very unwise to wait in order to be able to divorce on the grounds of two years' separation without consent. For a start divorce based on two years' separation requires consent? Why gamble on whether that consent would be forthcoming? After all, a spouse who has committed adultery but wants you to wait two yearby David Terry - UK Divorce Forum
Re: Maintenance payments - am I liable? - 3 years ago
Depends how much you earn, how much she earns, what her earning capacity is, why she only works part time etc.by David Terry - UK Divorce Forum
Re: Deed of separation - 3 years ago
I think I have already said that for this ground of divorce it doesn't matter whether he sends back the papers or not provided it can be proved that he has received the divorce petition. As to whether he will agree to co-operate in obtaining a clean break order you will only find that out after you have issued a divorce petition. If push comes to shove many people discover it is usually mby David Terry - UK Divorce Forum
Re: Enforcing Consent Order - 3 years ago
Since you do not answer the questions it is impossible to give you a meaningful answer. 'They must think the triggers are valid' is not any sort of meaningful answer. The consent order has either become a court order or it has not. If it has become a court order then the answers to your question depend upon the wording of that order. If it has not become a court order then the questionby David Terry - UK Divorce Forum
Re: Deed of separation - 3 years ago
If you have been separated for five years you can have a divorce whether he wants one or not. You would be wise to get one (a) so that you can close off these financial issues formally and finally and (b) so that you can move on with your life. It doesn't matter that he doesn't have a solicitor or that he lives in Thailand. So long as you know his address and/or where he will be at aby David Terry - UK Divorce Forum
Re: Enforcing Consent Order - 3 years ago
How long ago was this court order made? What were the trigger points and when were they reached? You will appreciate that when someone says, 'I have reached all the trigger points', there is no way of knowing whether that is in fact correct without seeing the exact terms of the court order. It is by no means uncommon for a person to think that only for a careful reading of the order toby David Terry - UK Divorce Forum
Re: Enforcing Consent Order - 3 years ago
Well, when you say, 'I have no financial interest in the property as it was all given to her', what does that mean exactly? I mean was there a court order which provided that the property should be transferred to your wife or what? If there was such a court order your rights will depend upon what it said.by David Terry - UK Divorce Forum
Re: FDR - How much of the share - 3 years ago
What your husband may or may not stand to inherit in the future is irrelevant. A court will not take into account the possibility of a future inheritance because it is too uncertain to be quantified and in any case his parents are not obliged to leave him anything. It is impossible to say whether you can reasonably ask for 80% of all assets because you do not say what they are or attribute anyby David Terry - UK Divorce Forum
Re: Enforcement of property sale ? - 3 years ago
>>If my ex is not paying the fees and subsequently the pension share is not implemented, is that a breach of court order by my ex or the pension provider ? It is a breach by your ex and if push comes to shove he can be brought back to court about it if he doesn't pay. There is usually a clause which says, 'Liberty to apply'. That is basically so that any issue about impleby David Terry - UK Divorce Forum
Re: Potential non molestation warning notice - 3 years ago
Well, how exactly you answer such a letter depends upon what it actually says. It is just a letter, though, and not a court order. If you have not been molesting or pestering your ex you just say so and say that you have no intention of doing so in the future either. It is in practice very easy to get a non molestation because all it orders is what someone should not be doing in the first placby David Terry - UK Divorce Forum
Re: Legal charge made during court procedure by husband - 3 years ago
>>Divorce has been going on since 07/16. His father has put a legal charge on a few of the properties on 08/18 (whilst divorce proceedings have been going on). Can this be challenged? Yes, possibly. The courts do have jurisdiction to set transactions aside in divorce proceedings if they have been entered into in bad faith and not for full market value. Having said that getting the transby David Terry - UK Divorce Forum