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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: 50/50 house split before divorce - 8 months ago
>>As for the risk of her coming back to me years down the line for more money if she squanders what we split, can't this be resolved by a consent order as part of the divorce?<< Yes, but you are not proposing getting a divorce any time soon which is the course of the risks you are running. Also, incidentally, if, say, a couple say, 'give me half the house and I wonby David Terry - UK Divorce Forum
Re: 50/50 house split before divorce - 8 months ago
Generally speaking if a marriage has come to an end it is better to dissolve it sooner rather than later and to settle all the financial issues arising from the marriage once for all within the context of that divorce. It is important to understand that if these things are left and it later comes before a court the court will consider financial circumstances as they are at the time of making itsby David Terry - UK Divorce Forum
Re: Pension values - 8 months ago
It is not quite true to say that no-one knows what a £200K share in a pension should be worth in cash. I dare say an actuary could probably work it out in any given case. However such a calculation invariably involves making certain assumptions which may or may not turn out to be correct. In reality what amount of cash would be acceptable in lieu of a pension share is more often than not a matterby David Terry - UK Divorce Forum
Re: Pension values - 8 months ago
£100K in a pension is not the same as £100K in cash. They are different types of asset like apples and pears. And there is no formula for converting a set sum in a pension into a sum in cash any more than there is a formula for converting apples into pears. If a person wants cash instead of a share in a pension then how much that cash should be is simply a matter for negotiation. Obviously, thougby David Terry - UK Divorce Forum
Re: Form B question - 8 months ago
Frankly, I think it is absolutely imperative that you seek proper legal advice about this. The fact is that applications by way of Form B are rare. Such applications must only be made where the circumstances truly justify them. If they do not then the person making the application runs the risk of being ordered to pay the other side's legal costs. Basically a Form B is an application to tby David Terry - UK Divorce Forum
Re: How do I contact court - 8 months ago
The mortgage company doesn't care which of you pay. Since you have the benefit of living in the house and she doesn't it would normally be regarded as reasonable that you pay the mortgage which can be regarded as the equivalent of rent even though strictly speaking it is a joint liability.by David Terry - UK Divorce Forum
Re: How do I contact court - 8 months ago
It is difficult to see how any of that relates to an undertaking to be respectful to one another.by David Terry - UK Divorce Forum
Re: How do I contact court - 8 months ago
The court contact details will be on the document which recorded your respective undertakings. Quite apart from the fact that enforcing an undertaking is not actually easy there is in this case the question of what is to be achieved? Going to court to say that a person is not being respectful towards you when you have both agreed to be respectful looks completely out of proportion.by David Terry - UK Divorce Forum
Re: Issues with everything regarding divorce. - 8 months ago
The court will deal with the financial issues (upon one of you making an application) as soon as there are divorce proceedings - ie as soon as a divorce petition has been issued and there is a case number. A court cannot make a FINAL order in respect of the financial issues (as opposed to an interim order) until a conditional order in the divorce has been made. However, please note that if finby David Terry - UK Divorce Forum
Re: Issues with everything regarding divorce. - 8 months ago
Well, you do need to sort this out and that means you have to take action rather than leave it to your wife. The problem with your wife being the petitioner for the divorce is that she can drag it out which is obviously what she is doing. Basically you need to start taking control of this so in the first instance you or a solicitor acting on your behalf needs to write to her (or her solicitor ifby David Terry - UK Divorce Forum
Re: New mortgage while waiting for ex wife to sell marital home - 9 months ago
>>Need I be concerned about CGT and the tax man on the proceeds from the marital home<< You would to check that with an accountant I think.by David Terry - UK Divorce Forum
Re: Cost and difficulty of enforcing spousal maintenance arrears - 9 months ago
No problem. Remember, though, you need to be active in controlling cost if you employ a solicitor. This can be done. See the recent post by Andyk in another thread.by David Terry - UK Divorce Forum
Re: Is it me - 9 months ago
In general an inheritance received by one spouse after they have split up is not matrimonial property. Indeed, an inheritance received by one spouse while they are together may also not be matrimonial property. So, the first thing is not to concede that any part of your inheritance until you have taken proper legal advice. You need legal advice because although the inheritance may not be matriby David Terry - UK Divorce Forum
Re: Coming to the end of financial negotiations - 9 months ago
You should never sign a document like this without first having it checked over by a solicitor acting on your behalf. Although you might think you understand clauses in this type of document (and most will indeed be straightforward) nevertheless they can have meanings which you never suspected. You always get them checked out. Your wife's solicitor acts for her rather than for you so any docby David Terry - UK Divorce Forum
Re: Cost and difficulty of enforcing spousal maintenance arrears - 9 months ago
If you use the solicitor's time carefully and make sure you have a proper quote at the outset you should be looking at hundreds rather than thousands. You do need to be in active control of costs though.by David Terry - UK Divorce Forum
Re: Financial Split advice - 9 months ago
If you have had an FDR it is likely that the judge will have expressed a without prejudice opinion on what a fair outcome would be. If so it would be sensible to take note of that. I say that because the outcome very much depends on the details of individual circumstances. I say this because you seem to acknowledge that your wife has had mental health issues. Depending on what these were and wby David Terry - UK Divorce Forum
Re: Cost and difficulty of enforcing spousal maintenance arrears - 9 months ago
You should take action iimmediately to recover the arrears. It is important that you understand that arrears which are over 12 months' old cannot be recovered unless a court gives special permission (which cannot be taken for granted). If you take court action to recover the arrears and your cliam is successful then ordinarily your husband would be ordered to pay your legal costs. For this rby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 9 months ago
Often it is not possible to have a constructive conversation with the other spouse but this can vary from day to day. Most times a person may be unresponsive but occasionally that can change. It is always a good idea to be alert to this because having to do everything through a solicitor tends to (1) make everything last much longer, (2) costs more and (3) is a lot more stressful. Direct dicussioby David Terry - UK Divorce Forum
Re: What happened to all the articles on Terry.co.uk? - 9 months ago
Thanks for the kind words. For most people divorce is not an every day occurrence so there is no reason for most people to know much about it. On the other hand when a solicitor deals with it every day for years it is actually quite simple to explain most aspects of it (not least because many situations repeat themselves so often). On a lighter note here is a picture of one of my hawksby David Terry - UK Divorce Forum
Re: What happened to all the articles on Terry.co.uk? - 9 months ago
I deleted the website because I have recently retired from practice and so it needed to come down. This forum is free standing and nothing to do with any solicitor's practice. I considered closing it but on balance decided to leave it open because people seem to find it useful and others also contribute. Do please bear in mind, though, that now that I have retired from practice (to spend morby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 9 months ago
You should get your own independent legal advice if and when any proposal to settle is forthcoming and BEFORE you agree anything. Obviously you can seek your own legal advice before then that that point is the Rubicon at which you should certainly do so. Since the advice will be for your benefit rather than for the benefit of your wife you will be expected to pay the cost of it. Unless, of courseby David Terry - UK Divorce Forum
Re: Family loan and divorce - 9 months ago
There are loans and there are loans. Say, for instance, a bank loans you money to buy a house that loan will be made at arm's length and secured against the property. Such a loan is fully protected. However, say, parents give money to their child on the occasion of that child's marriage with a view to enabling the couple to buy a house and say the money is just handed over. Later on inby David Terry - UK Divorce Forum
Re: Child Maintenance - 9 months ago
Yes, I do remember. I hope all is well with you. So far as the question is concerned the issue is really whether the child is in full time education or not. The CMS explains eligibility at this section of their web site:-by David Terry - UK Divorce Forum
Re: Final order and D81 - 9 months ago
>>I’d like to understand: 1. Is this the right time to apply for the final order or should I wait a bit until the D81 is complete?<< If by 'final order' you mean decree absolute very often decree absolute is not applied for until there is a court order settling financial issues once for all. This rule is by no means invariable but there there would be some sort of prejby David Terry - UK Divorce Forum
Re: Leaving fmh during divorce - 9 months ago
You would be unwise to move out of the matrimonial home until such time as there has been a divorce and all the financial issues have been settled formally and finally. There are three basic reasons for this:- 1. In most cases how assets are divided upon divorce depends upon needs - including the need for suitable accommodation. By moving out by definition you find alternative accommodation sby David Terry - UK Divorce Forum
Re: Sale of FMH Ex threatening to force me out of home before completion - 10 months ago
If it is not stipulated in the consent order it seems very unlikely your ex could force you to do this. It is perfectly normal for a sale to be linked to a related purchase. Obviously in these circumstances a related purchase must not be used as a deliberate means of holding up a sale (such as being very picky about it and/or taking no steps to find such a purchase) but assuming you are acting inby David Terry - UK Divorce Forum
Re: Form E Question 2.5 Advice - 10 months ago
Well, you need to provide details of all life insurance policies whether they have a surrender value or not. So, you do need to disclose this policy, yes. Having said that, since it has no current value it will not actually be included in capital which is available for division. If you did not disclose it you would almost certainly be accused of being dishonest so it is best to disclose it even iby David Terry - UK Divorce Forum
Re: Maintenance and Housing Guidance - 10 months ago
>>their knowledge of the local courts is that her chances of a Mesher Order lasting longer than two years is about one in a hundred<< Frankly, I don't believe that because my own experience after practising in courts all over England and Wales is that Mesher orders for such a short period are actually very uncommon. Typically they last until the youngest child ceases to be depby David Terry - UK Divorce Forum
Re: Maintenance and Housing Guidance - 10 months ago
I would suggest you actually read what I said. You said:' >>the legal advice has been that she could get a Mesher Order or a transfer with chargeback but it would only last 2 years (not 12 until youngest is 18).<< I said, >>The children here are aged 11, 8 and 6. With such facts I do not think there is a lawyer in the country who could guarantee that if there is a Mby David Terry - UK Divorce Forum
Re: Maintenance and Housing Guidance - 10 months ago
I am sorry but I am not going to comment on this any further. If you want legal advice upon which you intend to rely then you should instruct a lawyer and it seems that you have. I am not going to speculate upon complicated proposals which, so far as I know, are not shared by your wife and which may actually be opposed by her. I will say one thing though. The children here are aged 11, 8 and 6by David Terry - UK Divorce Forum