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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: Fair divorce - 1 year ago
It doesn't matter in what format disclosure takes place if it is to be done on a purely voluntary basis. The financial position of most people can usually be set out on one side of A4. Having said that, it is important that there actually is proper disclosure. She cannot make any informed decision without, for instance, knowing what the exact value of her husband's pension is. And thatby David Terry - UK Divorce Forum
Re: FDR - 1 year ago
>>Do i have to respond to this email when the courts have not directed this question to be answered. No. If they have submitted a questionnaire which was approved by the court and you have answered it then that is that. People are not entitled to submit endless questions. The purpose of the formal procedure is to prevent this type of rolling question. However, do bear in mind that theby David Terry - UK Divorce Forum
Re: FDR - 1 year ago
The only updating disclosure you need to provide is anything which has been directed by a court or which you would have to disclose in a Form E if you were completing it now and which would need to be disclosed because of an udate or change from a previous Form E. Uou do not have to disclose bank statements going back years unless that has been directed by a court or in a questionnaire approved bby David Terry - UK Divorce Forum
Re: FDR - 1 year ago
Updating disclosure means providing copies of all documents that needed to be disclosed in the Form E from the date of the Form E to the current date. For instance, since the Form E there will have been more bank statements and payslips etc. It also means disclosing anything which has changed since Form E and providing documentary evidence. For instance, since Form E a person could have been madeby David Terry - UK Divorce Forum
Re: Final Order - 1 year ago
How important it is to get a final order about financial issues very much depends upon individual circumstances and the factors which weigh with one spouse may be very different when looked at from the viewpoint of the other spouse. Say, for instance, H and W have no assets and H knows that W is going to remarry as soon as the decree absolute is through. In that case there is probably no major beby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 1 year ago
>>Is there any way I can dispute this charge? Yes. It is prefectly reasonable to say, as you do, that since the proposal is that your ex is retaining the property there are no 'notional costs of sale'. Even if they were to say that for some reason your ex might sell the property in the future there is (a) no reason why you should pay those costs and (b) those costs would likelyby David Terry - UK Divorce Forum
Re: FDR - 1 year ago
The proposal to settle is your proposal to settle. You simply have to tell them what that is at least 14 days before the FDR. Although it is without prejudice - and should be marked as such - it is also helpful if any proposal is (a) realistic and (b) reasoned. The point about an FDR appointment is that it provides the opportunity to negotiate on a without prejudice basis and also to hear whatby David Terry - UK Divorce Forum
Re: FDR - 1 year ago
It depends what the order says. Sometimes exchange is simultaneous, other times it is sequential. The wording of the order is what is relevant to answering this question.by David Terry - UK Divorce Forum
Re: No win no fee solicitors for financial orders - 1 year ago
Frankly, I think it is unlikely. Part of the reason for that is that it is not so easy to define a 'win' in matrimonial finance cases. The reality is that the same income and capital which used to support one home is usually divided so it has to support two homes. That means the standard of living of both spouses often drops - at least in the short term. Also, when it comes to 'faby David Terry - UK Divorce Forum
Re: schedule of deficiencies - 1 year ago
>>i am struggling to see how she has any sort of claim of 50% of FMH She may or she may not but nothing you have said in your post necessarily affects that issue. Whether a perso does or does not have a Rolex watch is likely to be supremely irrelvant to what share of the FMH they may be entitled to.by David Terry - UK Divorce Forum
Re: schedule of deficiencies - 1 year ago
>>At what stage can these be issued and exchanged then ? After the FDR? Schedules of deficiencies are not 'exchanged'. There are either serious deficiencies in a reply to a questionnaire or there are not. IF there are serious deficiencies AND they are relevant to the issues in the case then a person is entitled to raise a schedule of deficiencies whether the other side does orby David Terry - UK Divorce Forum
Re: Insecure Job during divorce - 1 year ago
If you have a job earning £X and, before the financial issues arising from the divorce are settled, you take a job earning £X - then a court could take the view that your earning capacity is £X and therefore any spousal periodical payments you are ordered to pay should be based on £X. A court will do that if for some reason it dislikes the evidence of the husband and prefers that of the wife. Thaby David Terry - UK Divorce Forum
Re: Do i need a solicitor - 1 year ago
It is quite easy for a litigant in person to make mistakes which a lawyer would not make. It is probably sensible to at least take some legal advice before you commit yourself even if you do not formally instruct a lawyer to act on your behalf.by David Terry - UK Divorce Forum
Re: Insecure Job during divorce - 1 year ago
>>would I be okay to accept this opportunity now on the grounds it provides income security and better prospects? Provided you can justify the job change no-one expects you to put your life on hold. Do remember that your ex will say that you have deliberately chosen to earn less so as to limit her claims for maintenance. Therefore you must be prepared to justify yourself - preferably witby David Terry - UK Divorce Forum
Re: First hearing complete - 1 year ago
>>Am i in fault here ? Will i get penalised for this. You will not be penalised if all the directions which apply to you are complied with in good time before the next appointment. If you do not comply in good time and the next appointment is abortive as a result then you will be ordered to pay the wasted costs. Having said that, unless it is expressly agreed in writing with the otherby David Terry - UK Divorce Forum
Re: First hearing complete - 1 year ago
Courts ALWAYS attach timescales to directions otherwise they would be meaningless. In this case what seems to have happened is that the court set out the timescales but you do not know what they are and you are waiting for the court to send the written order. The problem with waiting like that is that by the time you receive the written directions (and occasionally they are never received) the tiby David Terry - UK Divorce Forum
Re: First hearing complete - 1 year ago
>>Do i not need to wait for directions from court before answers exchanged ? Not necessarily. Say, for instance, there was a court appointment on 1st August which made directions but the court had still not sent out the directions until 1st September. The fact is the directions were still made on 1st August and need to be complied with. The written directions are just a formal printed doby David Terry - UK Divorce Forum
Re: House repair - 1 year ago
You certainly should seek a legal opinion upon any proposed terms of settlement. Your ex's solicitor is working for her not for you so you can expect her solicitor to argue for the maximum he/she thinks can be obtained for her. That isn't necessarily what a court would think was fair. In this case your wife (a) has a long history of alcoholism, (b) she already lives separately in her owby David Terry - UK Divorce Forum
Re: House repair - 1 year ago
>>Should I just say no to the repairs? Yes. You should not agree to fund the repairs unless there is a definite agreement in place that you are happy with so that (a) you recover the cost and (b) that the property is valued at a figure which is acceptable to you (assuming that it is not a value that will be determined by an actual sale). >>The latest is a threat to seek a courtby David Terry - UK Divorce Forum
Re: Ex moved abroad - 1 year ago
He does have a point. If he is not removed from the mortgage he will (and does) find it next to impossible to get another mortgage. And if his new partner is from Slovakia and, for various reasons, he has a bona fide reason for moving there you cannot to much to stop him. And if he has no money he can't pay maintenance or the previous level of maintenance. It is true that if, say, the couby David Terry - UK Divorce Forum
Re: First hearing complete - 1 year ago
>>Judge said he was a fan of open offers and i am thinking i will send an open offer . Be careful about that. Say you and your ex (for the sake of argument) are in dispute over the sum of £100K. Say you make an open offer to share the £100K equally. That is not necessarily unreasonable BUT note that an open offer means that if you do not reach agreement and the case goes to a final heariby David Terry - UK Divorce Forum
Re: First hearing complete - 1 year ago
That worked as it should have. A judge SHOULD always read the paperwork and delete and/or amend questions in a questionnaire which are irrelevant, disproportionate or otherwise unnecessary. Having said that, it often doesn't pan out like that for all sorts of reasons. The judge may have a lot of cases on his/her list to get through, he/she may want to get off early or just having a bad day.by David Terry - UK Divorce Forum
Re: ES2. - 1 year ago
You should certainly be sent copies of both forms. You should request those copies in writing and if they do not comply you should refer the court to your written request. The forms are designed so that the content does NOT need to be agreed and there is provision on both forms to highlight items which are not agreed. Obviously if you are not sent copies it is difficult to know what items if anyby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 1 year ago
>>Lastly im assuming in first hearing judge makes a direction which questions we are to answer ? Correct. You will tell the judge you object to supplying three years' worth of returns and your ex will then have to justify why she says it is necessary. The judge will then decide. You do need to object to any questions which you think cannot be reasonably justified or which you say arby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 1 year ago
Hm, well, from hatching at 48 grams goshawks grow insanely fast to their adult size at about 12 weeks. Growth like that needs a lot of food and, in particular, it means the bird has to eat everything it needs to grow bones, feathers, talons, beak etc. So day old chicks have to be plucked, chopped up very fine, bones beak and all, and fed every couple of hours. She would get through about five inby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 1 year ago
>>I have been onto Std Life and they said they need her to send in 3 documents SHARING ANEX COURT ORDER DECREE ABSOLUTE or FINAL ORDER<< Remember, if she says YOU need to do anything she must send you those documents too so that you can check for yourself. It isn't a matter of just accepting what she says. Yes, I have now retired although quite busy. Here is a pic of aby David Terry - UK Divorce Forum
Re: TXT From Ex-Wife after 16 years threatening me with Court - 1 year ago
This is sixteen years after the event and, as you say, your ex wife was a certain type of person. Therefore you cannot necessarily assume that anything she says is actually true. All you can do is to make sure that all the paperwork demonstrates that you are not being unreasonable so you should keep your communications with in writing and keep copies. Tell her that so far as you recall that the cby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 1 year ago
>>Am i allowed to ask in my questionaire, for a letter from her employer stating the reason for her sudden unemployment ? You are certainly entitled to ask for evidence that the change in your ex's emplyment status is involuntary on her part, yes. In a way it doesn't matter much because what matters is earning capacity rather than earnings and your ex has already proved she hasby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 1 year ago
>>They view my form E on portal. Essentially having the upper hand.<< Well, hardly. You have the obligation to disclose your financial circumstances as your wife has an obligation to disclose hers. It is difficult to see how the financial position of either of you changes simply because one sees the other's form first.by David Terry - UK Divorce Forum
Re: when to start drafting financial consent order - 1 year ago
>>We have agreed everything but when I contacted a solicitor they said they wouldn't draft the financial consent order until I have applied for the Conditional order, Unless they have some convincing reason for that advice you may wish to consider instructing a different solicitor.by David Terry - UK Divorce Forum