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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: Is there ever a straight forward Divorce? - 5 years ago
>>hopefully now ill be able to slip in the financial order to finalise that and be the end of things by October/November. You can only do it within that sort of time scale if you are both agreed and your spouse co-operates in signing and completing the necessary paperwork. If she does not agree and/or co-operate it will take a lot longer than that.by David Terry - UK Divorce Forum
Re: Transfer with propery - 5 years ago
You need to contact a conveyancing lawyer about the transfer. It is the responsibility of the person to whom the property is to be transferred (ie you in this case) to prepare the transfer document. It is your ex's responsibility to prepare the document which relates to the charge back but he cannot do that until he is presented with the document for transfer of the property.by David Terry - UK Divorce Forum
Re: Marital Assets - Children's Beds - 5 years ago
Courts are not interested in beds. Your solicitor will no doubt tell you so on Monday.by David Terry - UK Divorce Forum
Re: Is there ever a straight forward Divorce? - 5 years ago
If the financial issues arising from the marriage were settled formally and finally by way of a court order (which can be by agreement) then any inheritance received thereafter is irrelevant. If an inheritance is received before financial issues are formally and finally settled then the relevance of that inheritance very much depends upon the details of individual circumstances. You may want tby David Terry - UK Divorce Forum
Re: Final hearing - 5 years ago
>>He wants a clean break and 25% Mesher order and for me to have 25% of his combined pensions. I think the final outcome is likely to be nearer your position than his. Given the disparity of income and the fact that there are two dependent children this is not a clean break case. If he wants a clean break then he can be expected to pay for it. That is the point that he is overlooking.by David Terry - UK Divorce Forum
Re: Premarital Assets - 5 years ago
You do not say how long you have been married, how many children there are and how old they are. And, of course, roughly how much you earn compared to your wife. I suspect that you attach too much weight to so called 'pre-marital assets' in your particular circumstances. There is a world of difference between A. The case of a marriage which lasts for a year, both parties earn aboby David Terry - UK Divorce Forum
Re: Some Advice - 5 years ago
Your ex wife cannot make a court application unless she has first tried mediation or a mediator has determined that mediation is unsuitable for one reason or another. It is therefore just a matter of form for the mediator to contact you. Whether you enter into mediation very much depends upon whether you think your ex wife is entering into it in good faith and/or you think it is likely to be prodby David Terry - UK Divorce Forum
Re: Is there ever a straight forward Divorce? - 5 years ago
I am sorry but I cannot reasonably be expected to guide you through the details of individual court applications. My insurer would not thank me for that. A local Citizens Advice Bureau may be able to help you with that sort of detail.by David Terry - UK Divorce Forum
Re: Is there ever a straight forward Divorce? - 5 years ago
The court has told you that you need to make an application for deemed service before you can proceed. The jobsworth who told you this is wrong but you will be wasting a lot of time and banging your head against a brick wall if you do not make the application for deemed service and proceed in some other way.by David Terry - UK Divorce Forum
Re: Is there ever a straight forward Divorce? - 5 years ago
You have my sympathies. I have faced this nonsense myself and it is idiotic. You are absolutely correct. The fact that she has signed and returned the acknowledgement of service is proof of service. And it is not 'deemed' service either. It is actual service. The idiots who staff these so called 'divorce units' do not understand this. The problem is that it is a waste of tiby David Terry - UK Divorce Forum
Re: Adduce Own Evidence - 5 years ago
Sounds as though the judge was exasperated. Presumably that was because if the only difference is between a small amount of equity and negative equity spending money on legal costs is disproportionate to the little money actually at issue. Making them spend further money and repeating the FDR should make them focus their minds on this. Litigation should be a matter of economics. Spending £5,000 iby David Terry - UK Divorce Forum
Re: Adduce Own Evidence - 5 years ago
If a court directs a joint valuation, a valuer is jointly instructed and prepares a report then that is the valuation evidence. There would be no end to litigation if one party could simply ignore a joint report and adduce their own evidence. It is always possible to call the valuer to give evidence and to cross examine that valuer orally and under oath but it is very uncommon for this to happenby David Terry - UK Divorce Forum
Re: Advice needed please - 5 years ago
Even if neither of you want to make any financial claim against the other it is still sensible to have a court order which formally dismisses all claims. To fully understand why that is usually a wise thing to do you may wish to read this page:-by David Terry - UK Divorce Forum
Re: Advice needed please - 5 years ago
Well, pensions may be an issue which needs to be settled then. If, say, both your pensions were of equivalent value that would be fine and nothing would have to be done. However, that is unlikely and this is a long marriage. If there is a significant difference in your pensions which cannot be adjusted for in any other way you will very likely need a pension sharing order. That is not necessarilyby David Terry - UK Divorce Forum
Re: Advice needed please - 5 years ago
You would not have to pay towards your husband's credit cards, no. And if your husband has treated the 15 year old as a child of the family then he will have to help maintain that child until he ceases to be dependent. I suppose the only other possible issue is whether either or both of you have any significant pension provision. If you do then there may be an issue about sharing pensions. Yby David Terry - UK Divorce Forum
Re: Advice needed please - 5 years ago
Assuming you are continuing to live together and that there has been no recent adultery by your husband then if you want a divorce sooner rather than later the ground for divorce will be unreasonable behaviour. This is by far the most common ground for divorce because, in effect, it enables divorce on demand without any period of waiting. It applies in almost all cases of marriage breakdown and tby David Terry - UK Divorce Forum
Re: Pension percentage - 5 years ago
You are assuming that you can force a sale of the house. That is not necessarily the case. There is only £60K of equity. If that was divided equally it might not enable you both to buy alternative suitable accommodation. Whether it is practical depends upon the cost of suitable alternative accommodation, your respective mortgage capacities and whether there are any dependent children.by David Terry - UK Divorce Forum
Re: Pension percentage - 5 years ago
Assuming (and I am going to make a lot of assumptions here which may or may not be true) that the total equity is £60K and that total pensions are £160K then your presumptive share of £60K is £30K and your wife's presumptive share of £160K is £80K. Therefore you would be looking to buy off her £80K share of your pension by transferring to her your £30K share in the equity. It is true thatby David Terry - UK Divorce Forum
Re: Pension percentage - 5 years ago
By offsetting I assume you mean that in the divorce settlement with your first wife she retained more capital in return for you keeping your pension. That means if you divorce for a second time the whole of your pension is available for sharing. You do not have any automatic entitlement to ring fence that portion of your pension which you had acquired by the time of your first divorce. That isby David Terry - UK Divorce Forum
Re: Changes to Access - 5 years ago
Does any of that affect whether a person can be forced to have children against his/her will? It doesn't as far as I can see.by David Terry - UK Divorce Forum
Re: Division of Debts - 5 years ago
These so called situations all exhibit a misunderstanding of how finances are settled upon divorce. Courts are not interested in every detail on a store or credit card. Nor, in general, will they restore money that has been paid on a mortgage. Broadly the questions will rather be:- 1. How much is available to divide? 2. What are the respective needs and financial resources of person A andby David Terry - UK Divorce Forum
Re: Money Issues - 5 years ago
Whether you are in the house or have paid for 90% or 100% of everything is almost certainly irrelevant. It is by no means uncommon for a husband (it is usually the husband) to pay for everything while the wife remains at home for one reason or another. In such a case the wife may have made no financial contribution but you make a big mistake if you think she would be entitled to less because of tby David Terry - UK Divorce Forum
Re: Money Issues - 5 years ago
>>I have spoken to other people and there is a basis for a case to be presented. 'Other people' are wrong. Although it is arguably deception it is almost inconceivable that the police or CPS would be interested upon such facts. And you will find it is not so much about being seen in 'a bad light' as what the figures are and what your respective needs are.by David Terry - UK Divorce Forum
Re: Changes to Access - 5 years ago
Well, a parent cannot be forced to have contact so, no, the ex partner cannot be forced to have all the children. What the custodial parent can do is to refuse contact. Whether that is better or worse for the children than the present split arrangement is debatable. This is a decision for the custodial parent and it is not necessarily an easy one. Going to court about children should always bby David Terry - UK Divorce Forum
Re: Money Issues - 5 years ago
No, it is not fraud and you do not have a basis of a case. You have been tricked. You do, though, now need to make sure that the financial issues between yourself and your ex wife are closed formally and finally. You can do this by agreement but it requires a court order. It is not something which happens automatically. If you and your ex wife cannot agree to do it then you probably need to makeby David Terry - UK Divorce Forum