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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: Ex-Husband has quit his job - 11 months ago
>>Do you think I would be successful in applying to vary for more maintenance at that point as I will be having to rent rather than pay a mortgage? The level of maintenance doesn't just depend upon need. It also depends upon ability to pay and the desirability of a clean break. Since your ex husband's case is essentially that he has no income everything will depend what view aby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
Bearing in mind that the court will have the jurisdiction to vary the Mesher if either of you make an application to vary I am surprised he is making it. From his point of view I would have thought he would have been better off waiting to see whether you made the application - which you may or may not have done. And once arrears are more than 12 months old they cannot in general be recovered withby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
>>Am i right in thinking i have to explain to them why we could not agree out of court ? Explain the voluntary disclosure and provide evidence of emails back and forth?<< Basically, yes, although if your wife is the applicant it will fall on her solicitor to explain why no agreement has been possible before you get your say. (Because the applicant opens the case). Also, the judge wby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
>>He's obviously done the maths and worked out he doesn't care if he loses the Mesher Order. Then he is only being rational. He can hardly be criticised for being rational. (Although, of course, whether he should be criticised for failing to maintain his children is another issue). >>Oh, and today he's told me he's become a carer for his parents and will be sby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
If your ex is legally represented and is the applicant then her lawyer should prepare the bundle for the use of the court and it should be agreed with you before it is submitted. If you want any documents included you should tell your ex's lawyer what those documents are so that they can be included in the bundle. If they refuse (because, for example, they say they are irrelevant' thenby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
I have already told you that a court will take what steps it can and that there are good reasons why you should apply to the court to adjust or remove the Mesher order if your ex husband deliberately chooses not to pay the periodical payments that were ordered. However, courts do not have the power to do whatever they want. No court can compel a person to work or to take out a mortgage on behalfby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
>>If I have to sell and then he goes and gets another job after he's released from the mortgage, could I take him back to court and have it ordered that he has to be named on my mortgage before he was able to buy somewhere himself?<< No. Courts do not have power to make such orders - even if such an order could be regarded as fair which is very doubtful.by David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
It is in your interest to demonstrate that your income is turnover less the expenses incurred in achieving that turnover and to provide chapter and verse by way of documentary evidence in order to show how the figure is arrived at. That is what income is, after all. Income is not the same as turnover. Form E wants your net income not your turnover (except to the extent that the latter is the baseby David Terry - UK Divorce Forum
Re: Pension Sharing Query - 11 months ago
Personally I don't think much of your chances of getting any sort of timely or sensible response from the Civil Service Pension by you approaching them directly. They probably couldn't care less as your experience so far shows. What you really need to do is to get some brief advice from the solicitors who acted for you in obtaining this pension sharing order. They should be able to tellby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
>>I really need him back in the UK working and paying maintenance. Is there no way to do that?<< No. Courts cannot compel people to work. They can try to deal with the consequences of a person choosing to break a court order but they cannot compel people to work. In your particular circumstances if a court is satisfied that your ex husband is deliberately avoiding the periodical paby David Terry - UK Divorce Forum
Re: Ex-Husband has quit his job - 11 months ago
You cannot necessarily force him back to work and nor can the courts BUT you should take immediate steps to enforce the order if he is no longer paying what he was ordered. Quite apart from anything else there is a bar of recovering arrears of maintenance which are more than 12 months old (except with the leave of the court) so it is bad policy to wait. More importantly, in view of the steps yourby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
Solicitors (and lawyers generally in the UK) do give reasons for their advice. That is because that is how the law in common law jurisdictions works - it is based upon reasoning which is always expressed so that it can be examined. It is such a fundamental part of the common law system that it is second nature for any lawyer trained in it to give reasons. Also, of course, a client can always askby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
>>Is what i am proposing fair in your opinion david ? Since I do not have all the figures I am not going to hazard a guess. What I would say, though, is that it seems you have already had one solicitor's opinion. No doubt that solicitor gave reasons for the opinion. If you are not going to seek another opinion on the basis of all the figures you should at least reflect carefully upoby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
>>Does it justify me spending ( £20k in legal fees to fight for 120,000 total house ‘equity’ You have the calculation wrong. Your wife wants 60,000. You are prepared to offer her 24,000 (because you say you are proposing an 80/20 split. Therefore you are arguing over £36,000 (the difference between 60,000 and 24,000). Is it worth spending £20,000 to argue over £36,000 (which will end upby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
Well, I don't think your wife is entitled to 50% of the net equity as the position would be at some point in the future. The high water mark of any claim she has is 50% of the equity if the house was sold now. And whether she is entitled to that is debateable. It is true that the starting point for the division of matrimonial assets is 50/50 (at least in marriages of a reasonable length as tby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 11 months ago
Although it is true that no-one needs to put their life on pause there is the separate issue of whether it is sensible to father a child by another woman while stlll married and before the financial issues arising from the marriage have been resolved. Be that as it may, the child is yours and so you have a legally enforceable obligation towards that child which would be taken into account. Wheby David Terry - UK Divorce Forum
Re: Court financial proceedings opened - 12 months ago
There is too much information missing in order to be able to give a meaningful answer. For instance, how long you and your wife have been married and how long you have been together. How much the house is worth, what the oustanding mortgage is, whether it is in joint names, when you bought it. What the debts are, for how much, in whose name(s) they are and the reason the debts were incurred. Therby David Terry - UK Divorce Forum
Re: Change of notice form (which court) - 12 months ago
>>Does her solicitor have to agree to the change of notice or could they object because of the outstanding money owed to them?<< Whether they agree or not doesn't matter. A person is entitled to change solicitor and/or act in person at any time. Obviously if your ex owes her solicitor money they may well take action to recover that debt and they have a lien on her file until tby David Terry - UK Divorce Forum
Re: Help please - 1 year ago
>>The sticking point is if we go ahead with consent order and an old debt of which we have no knowledge of now, rears its ugly head, who is responsible? The chances are it will be in one of our names, does that therefore make that person liable?<< Yes, in those circumstances the person in whose name name the debt was would be responsible. >>Is there anything we can do so tby David Terry - UK Divorce Forum
Re: Change of notice form (which court) - 1 year ago
The court details will appear on any document you have received from the court - such as a conditional order. Occasionally one court may, say, deal with the divorce while another deals with the financial issues arising from the marriage but assuming that the only thing going on is the divorce then the conditional order should have the court details.by David Terry - UK Divorce Forum
Re: How to get copy of decree absolute? Can anyone offer some guidance, please? - 1 year ago
Copies of all decrees absolute of divorce are (eventually) held at the Central Family Court in London. Bearing in mind the date of your mother's divorce a copy of the decree absolute will now be held there. Liverpool have probably long since disposed of files from this date. Obviously if one knows the court, case number and date of the decree absolute it is a lot easier to locate the decrby David Terry - UK Divorce Forum
Re: Court Portal issue - 1 year ago
This is a bit vague really. The consent order has been approved by a judge but you say you have to do 'something' on the court portal although it is not obvious what that something is. The court shoud eventually reply to your emails and, if your wife has a solicitor, you can probably expect to be chased at some point and they should be able to tell you what, if anything, you need to do.by David Terry - UK Divorce Forum
Re: Advice on financial agreement - 1 year ago
You may have a good chance of getting substantive spousal maintenance given the ages of the children and that you are a stay at home mom (presumably agreed at the time by your husband). However, you would need to seek specific advice about that in order to discuss the details of your circumstances more fully. What is rather clearer is that there is definitely a case for at least a nominal spousalby David Terry - UK Divorce Forum
Re: Advice on financial agreement - 1 year ago
>>Since my ex is self-employed, he was adamant that he will be reducing his work hours, hence, will reduce his income. This subsequently will reduce the amount of child maintenance. What is the court view on that? A court's view is usually that if a person chooses to do that then he should bear the financial consequences and not you. It is earning capacity which is important. If youby David Terry - UK Divorce Forum
Re: Advice of financial agreement - 1 year ago
>>My husband insisted that paying for any spousal maintenance is too much. He is looking forward to have a Clean Break. Bearing in mind that you have three young children, that you are a stay at home mom and that your husband seems to have a high income I think he will be very lucky to avoid spousal maintenance and to get a clean break. A court's priority would be to ensure a hoby David Terry - UK Divorce Forum
Re: I have no money to divorce 
- 1 year ago
You may be fees exempt. Check with the court. They should be able to tell you.by David Terry - UK Divorce Forum
Re: Clean break order and child maintenance arrears - 1 year ago
>>this doesn’t affect the arrears. No, it doesn't affect the arrears.by David Terry - UK Divorce Forum
Re: Clean break order and child maintenance arrears - 1 year ago
CMS arrears are not affected in any way by the order. The arrears relate to maintenance for a child or children which are payable regardless of any claims between the parents.by David Terry - UK Divorce Forum
Re: New Here - 1 year ago
>>I never knew the order wasnt enforceable until decree absolute. << Some orders can be enforced before decree absolute (such as an order for interim maintenance) but in general a final order which settles all the financial issues arising from a marriage can only be enforced once decree absolute has been granted. One of the many oddities of the order which you have posted is thaby David Terry - UK Divorce Forum
Re: New Here - 1 year ago
Just as a matter of interest, all sorts of things can be affected by a delay in seeking a divorce (assuming the marriage has broken down beyond repair). Say, for instance, a pension sharing order is appropriate. That only takes effect (1) by way of a court order (whether that is obtained by consent or otherwise) and (2) such orders are normally expressed in terms of percentages and the pension trby David Terry - UK Divorce Forum