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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: Corona issue - 5 years ago
There is not going to be any agreement on these terms - at least not if your husband has any sense and he is properly advised. No-one is going to advise your husband that he should agree to pay out to you a percentage of something he may or may not receive from his employer in the next six years. Quite apart from the fact that it is almost certainly too uncertain to put into a court order no-oneby David Terry - UK Divorce Forum
Re: Corona issue - 5 years ago
If shares are worth £100K pre corona and they are worth £50K post corona and at the time the settlement is made then they are worth £50K. The value of things like pensions and shares goes up and down. Indeed, come to that so does the value of property. The relevant value is always what something is worth at the time the settlement is made or the court makes its decision. What it may or may not beby David Terry - UK Divorce Forum
Re: Being made redundant and spousal maintenance - 5 years ago
The simplest and quickest solution is to get the agreement of the payee in writing. It needs to be in writing so that it can be used in evidence later if necessary. If agreement is not possible then you will need to make a court application, yes. The court application should include an application to remit all arrears as well as an application to remit the sum to a nominal amount. Obviously unlesby David Terry - UK Divorce Forum
Re: Consent Order - Pension - 5 years ago
I should perhaps tell you that this request to complete a Form E on a voluntary basis is something almost all solicitors ask for. That does not mean it is a sensible thing to do. In my experience it hardly ever results in agreement. If, say, you attend mediation in order to try and reach agreement a mediator does not ask both spouses to complete a Form E. A mediator will probably ask what assets,by David Terry - UK Divorce Forum
Re: Consent Order - Pension - 5 years ago
No, you should not complete it. Your wife's solicitor almost certainly wants you to complete a Form E. That is a form designed for use in court proceedings when one spouse makes a formal application to the court to get financial issues settled. If a court directs the completion of this form then that is one thing but it is something wholly different to complete it on a voluntary basis at theby David Terry - UK Divorce Forum
Re: Just a question regarding house price crash due to coronavirus - 5 years ago
If you required to pay £16K then £16K is what you are required to pay. IF the order says that you are required to pay 31.78% then 31.78% is what you are required to pay. It depends upon the wording. If you are retaining the property in return for paying your ex a lump sum then it would be normal for the amount payable to be expressed as a lump sum rather than as a percentage. In the case of a proby David Terry - UK Divorce Forum
Re: Just a question regarding house price crash due to coronavirus - 5 years ago
It depends upon the exact wording of the court order but if the wording is that you pay a lump sum of £X in return for having your spouse's share of the property transferred to you then you are liable to pay £X regardless of what the house is worth.by David Terry - UK Divorce Forum
Re: Judge still not agreed our consent order - 5 years ago
No, the judge does not want you to go back and fight. Judges have quite enough to fill their time without encouraging people to litigate disputes. There is not a judge in the country who would not prefer parties to come to an agreement. However, you are confusing this with something else. Many people think that if they are agreed then that is that but the fact is that it isn't. The courtsby David Terry - UK Divorce Forum
Re: Consent Order - Pension - 5 years ago
Many, if not most, people think that the date of separation or perhaps the date of decree absolute is the cut off date for assessing finances. That could not be more wrong which is why this point bears continual repetition. One of the most extreme examples of this can be seen at this linkby David Terry - UK Divorce Forum
Re: Consent Order - Pension - 5 years ago
It is perfectly reasonable to argue that pensions which have accrued since separation should be excluded. The period since separation is quite long in the particular circumstances you describe. There is certainly no reason why you should cheerfully agree to include what you have built up since separation. Having said that, if the pension was worth £50K when you separated I doubt that £50K would sby David Terry - UK Divorce Forum
Re: Consent Order - Pension - 5 years ago
Since you both have a house in which to live I doubt that your mother's house will be relevant. I suspect the relevant value of the pension will be its value now or, to be more precise, perhaps at best what the £50K would be worth now if you had made no further contributions over the last five and a half years. It certainly will not simply be given a value of £50K. Over five and a half yearsby David Terry - UK Divorce Forum
Re: Last Min Advice Hearing 2nd March - 5 years ago
Used sparingly and with justification it is possible to raise objections, yes. However, that is a very different thing from objecting every five minutes. In the latter case a judge will tell you to keep quiet and tell you that in due course you will have time to address the court. Continual interruption is very likely to antagonise the court. You will be allowed your opportunity to address the coby David Terry - UK Divorce Forum
Re: Consent Order - Pension - 5 years ago
Impossible to answer either question without knowing approximate figures for income, capital and pensions and background information such as ages, length of marriage etc.by David Terry - UK Divorce Forum
Re: Fdr help - 5 years ago
Arguing against it and winning an argument are two different things. As are what one judge may say at an FDR and what another would decide at a final hearing. Judges at an FDR will often make off the cuff remarks. Judges at final hearing are by nature more cautious because they are very conscious of the need to be fair to both parties.by David Terry - UK Divorce Forum
Re: Financial Settlement - 5 years ago
>> If not, which section in form E I would expect her to mention these foreign assets. She will not mention them on her Form E because she doesn't have to. It will be up to you to raise the matter by way of a questionnaire and statement of issues once Forms E have been exchanged.by David Terry - UK Divorce Forum
Re: Fdr help - 5 years ago
I think it is almost certain on these figures that at least the bathroom and holiday costs on his credit should be paid from the net proceeds of sale. He doesn't have the income for it to be reasonable to expect him to take on the whole of this debt.by David Terry - UK Divorce Forum
Re: Financial Settlement - 5 years ago
Yes, in principle, if the transfer was not bona fide and not an arm's length transaction. Having said that, assets like these are much more problematic than, say, a bank account in your wife's name in the UK. To get them counted in any meaningful way you can expect to have to jump through many hoops such as proving how they were paid for, getting them valued (often not easy with a foreiby David Terry - UK Divorce Forum
Re: Awkward wife - 5 years ago
Your wife is living in the former matrimonial home and you pay half the mortgage and child support. Why should she be in any hurry to change that? It seems to me that the person with the incentive to get this resolved is you rather than her and so you need to make sure you take the steps to make that happen.by David Terry - UK Divorce Forum
Re: Occupation order - 5 years ago
If you are a joint owner of the property there is absolutely no benefit to obtaining an occupation order. Quite apart from incurring needless cost a court might even not grant you one because you have no obvious need for it. An occupation order would be more appropriate in a situation where, say, your wife had changed the locks.by David Terry - UK Divorce Forum
Re: Occupation order - 5 years ago
You don't need an occupation order so long as you remain in the matrimonial home and refuse to be bullied out of it. Take care, though. The only way your wife can get you out is if she can say that you have used or threatened violence towards her or any child of the family. In a situation like this it is by no means unknown for such allegations to be made up so make sure you are not set up iby David Terry - UK Divorce Forum
Re: Fdr help - 5 years ago
Well, his solicitor would say that, wouldn't he/she? If the debt is in his name then he is the one liable for it. Whether any provision is made for it when capital is divided up will depend not only upon what the debt was incurred for but also upon who can most afford to shoulder the debt. If, say, a husband had a credit card debt in his name for £10,000 and he earned £100K and his wife £10Kby David Terry - UK Divorce Forum
Re: Fdr help - 5 years ago
How much it costs if it goes to a final hearing depends upon whether you represent yourself or whether you use a barrister. You need a barrister rather than a solicitor at any final hearing because advocacy is a specialist skill. Barristers do this all the time. Solicitors rarely do. How much a barrister costs depends upon the seniority of the barrister. You can probably find a very junior barrisby David Terry - UK Divorce Forum
Re: Fdr help - 5 years ago
It is very unlikely that you would be ordered to pay your husband's legal costs. The normal rule in this type of litigation is that each side pays its own costs. The circumstances have to be exceptional for a court to depart from that rule. A without prejudice letter is one which is headed with the words, 'Without Prejudice'. The effect of those words is that the letter cannot sby David Terry - UK Divorce Forum
Re: Settlement help. - 5 years ago
I am not going to spend any more time on this. If your friend wants legal advice he should do so on his own account.by David Terry - UK Divorce Forum
Re: Help with Law/article/act regarding divorce/loan before marriage - 5 years ago
This is not a marriage of 3 years. It will be treated as a marriage of 30 years. What you have been told by different lawyers is correct. For what it is worth the principles which will be applied by a court are set out in section 25 of the Matrimonial Causes Act which I have pasted below. It takes knowledge of how the courts deal with these things in practice to know (as near as anyone can know)by David Terry - UK Divorce Forum
Re: Fdr help - 5 years ago
Both parties are expected to try to use the FDR to settle otherwise there is no point to the hearing and it is wasting the court's time. An 'open' statement is one which is not protected from disclosure in later proceedings (unlike a 'without prejudice' statement which cannot be so disclosed). At an FDR a court is entitled to know what both parties' positions are soby David Terry - UK Divorce Forum
Re: Settlement help. - 5 years ago
There is no formula. Ordinarily a pension with this sort of value would be regarded as trivial.by David Terry - UK Divorce Forum
Re: Not an easy one.... - 5 years ago
Yes, she will spin it out as long as possible but if you are the one who issues a divorce petition you are the one responsible for progressing it and it is in your interest to progress it as quickly as you can. Sitting on your hands and saying, 'Oh, she won't sign the papers' is not a sensible course of action. One way or another divorces can usually be progressed and progress in aby David Terry - UK Divorce Forum
Re: Settlement help. - 5 years ago
Well, the wife has a point about the loans. If the house was sold then obviously what would be available for division between the two of them would be the net equity after repaying the mortgage and the loans. BUT, and this is a big but, if the husband intends retaining the property why on earth should he not repay the wife's loan from HIS share? It was incurred for home improvements after aby David Terry - UK Divorce Forum
Re: Not an easy one.... - 5 years ago
>>In this situation,will the judge take into account the short time living together and that she bought nothing financially? Yes. I am glad you posted this because it is something I see a lot of. It is VERY important that you issue a divorce petition as soon as possible. You have already left it longer than you should. The longer you leave it the more likely it is that this woman willby David Terry - UK Divorce Forum