Show all posts by user
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: New Here - 1 year ago
Perhaps it's nothing but if the marriage has broken down beyond repair it is almost invariably better to divorce sooner rather than later so you can draw a line under the issues between you and move on with the rest of your lives. I say this because you mention 'separation'. It is rarely a good idea to have any lengthy period of separation prior to divorce. There are all sorts of dby David Terry - UK Divorce Forum
Re: Ex wanting payment for detrimental impact to career during marriage - 1 year ago
>> They are wanting to be paid (1) half of my salary for the year before our child was born, (2) half my salary whilst I was on maternity leave and also (3) be compensated for their loss of earning potential since we married.<< No. There is not a cat in hell's chance of a court awarding him that. These demands are frankly ridiculous and should simply be faced down. Having sby David Terry - UK Divorce Forum
Re: Moving out of the UK - 1 year ago
>>Would this have any good or bad impact on divorce or financial settlement? It has no impact at all upon the divorce. As long as the court properly had jurisdiction when the divorce application was issued it does not matter that one or both spouses move outside the UK before the divorce is finalised. Obviously you have to make sure that the court can still contact you (which does not maby David Terry - UK Divorce Forum
Re: D81 Form - 1 year ago
>>can I add an explanatory note? Yes, you can and in these circumstances it would be sensible to do so. Indeed, it is possible to add quite a lengthy explanation by using the words, 'See attached' and adding a separate page containing as much information as is necessary.by David Terry - UK Divorce Forum
Re: Ex partners access to home after separation - 1 year ago
>>I understand he can have access to my home but does that include him coming in, making coffee,making himself comfy and watching TV otherthan the weekends he looks after the children?I work and the weekends he is here are the weekends I work.<< It is not strictly true that he can have access to your home. Typically when one partner leaves and lives elsewhere the normal advice to oby David Terry - UK Divorce Forum
Re: Financial settlement and not disclosing finances - 1 year ago
If what you say is correct then your partner may well be advised to change solicitors. Financial (and other relevant) disclosure must be mutual in order to be meaningful. One sided disclosure and answering endless questions without reciprocity is a mug's game. Of course, reciprocal disclosure can be compelled by issuing a court application. Voluntary disclosure can sometimes go on foreverby David Terry - UK Divorce Forum
Re: advice on starting the financial process without solicitor - 1 year ago
Many people can and do agree terms of financial settlement in divorce between themselves without recourse to any third party such as a mediator. Others are able to reach agreement after attending mediation. A minority cannot reach agreement and end up in court. In terms of expense the first is obviously the cheapest and least stressful with the court option being the most stressful and expensive.by David Terry - UK Divorce Forum
Re: Advice needed - 1 year ago
I think what you are failing to take into account is the length of the marriage and that you have raised children to adulthood together. It is unrealistic to think that after this sort of length of time, this history of raising a family together and with properties being in joint names that assets are in some way 'yours'. I was aware from your first post that you very likely would not lby David Terry - UK Divorce Forum
Re: Advice needed - 1 year ago
Well, the likely outcome is going to depend upon where you will each live after divorce and how that acommodation will be funded. I can tell you for a fact that it would not be reasonable for you to keep the former matrimonial home and the rental property while your wife lives in rented accomodation. This is a long marriage and both properties are jointly owned (regardless of the reason you say tby David Terry - UK Divorce Forum
Re: Advice needed - 1 year ago
The information given is a bit selective. For instance, you do not say how much you earn now but do say how much, in your opinion, your wife should earn in two years' time. I assume there are no longer any dependent children although please note there are some circumstances under which a child over the age of 18 can still be a dependent. The main issue likely to determine how assetsby David Terry - UK Divorce Forum
Re: Directions Hearing -No details, no time to prepare - 1 year ago
>>I have emailed the court to find out what the hearing is concerning and request it is rescheduled as I have no time to prepare or find legal representation, due to working abroad. But so far had no reply.<< Although courts do not rely to emails as quickly as they should it is unlikely (assuming it was properly addressed) that it will be ignored or that it will not be brought to tby David Terry - UK Divorce Forum
Re: No decree absolute - 1 year ago
1, The answer to your first question depends upon the exact terms of the court order. The words matter. 2. An order like this is not enforceable until decree absolute so someone needs to apply for decree absolute and, if it is more than 12 months since decree nisi, provide an explanation covering particular points to the court. Both of these issues are likely to need legal advice.by David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
It is usually wise to deny allegations specifically to avoid giving the impression they are admitted. This does not have to be lengthy. Something like, 'the allegations in paragraph x, y and z are denied'. It is for the person making allegations to prove them. Obviously if there is a simple point to make in order to demonstrate a particular allegation is untrue it is best to make it. Ifby David Terry - UK Divorce Forum
Re: Divorce settlement, benefits - 1 year ago
What you have been told by a solicitor is correct. The inheritance in this case is in principle not a matrimonial asset. Further, there would likely be no benefit in sharing it with your wife because any share you did give her would probably reduce her benefits pound for pound. Also, even if you did share it with her it would not be sufficient to enable her to buy a house or anything like that. Fby David Terry - UK Divorce Forum
Re: Consent form - 1 year ago
It is the usual practice for one party to draw it up and then submit to the other for approval. When it is agreed it is submitted to the court. You would be wise ALWAYS to have something like this checked by a lawyer. It is too important not to do so and you should not assume that the meaning of words is obvious because in court orders like this the actual meaning can be different from a meaningby David Terry - UK Divorce Forum
Re: Consent order - 1 year ago
One way or another it can be done, yes.by David Terry - UK Divorce Forum
Re: Es2 form help - 1 year ago
You have the input into the ES1 form as your husband does. The purpose of the form is to set out the basic facts of the case, what the issues are, the costs that have been incurred, offers made etc. If, say, your husband says his income is £X but you say, 'No, it isn't. It is £Y' that obviously requires input from both of your otherwise this issue might not be apparent. The sameby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
>>BTW - at the end of the hearing my ex's barrister had a chat with the judge and offered to do the write-up of the case for all concerned - which the judge gratefully accepted. Is this normal? Surely the paid representative of one side only cannot provide an unbiased written account of the proceedings. And will I get an opportunity to comment on anything contentious before this accounby David Terry - UK Divorce Forum
Re: Es2 form help - 1 year ago
You may find this link to be of help:- .by David Terry - UK Divorce Forum
Re: Advice on situation needed please - 1 year ago
>>I meant would it be possible for only my apartment be ringfenced, No. It is an asset which you have and, amongst other things, it potentially affects your housing needs and/or income. That it shouldn't be sold and the proceeds split with your ex is one thing (which is very unlikely to happen in these circumstances) but that you should simply retain it and that its existence shouldby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
So far as I can see the main point you are likely to need to address is how the children are to be looked after if their present schooling arrangement continues. The point is you cannot stop your ex moving and neither can the court. In the short term they can prevent her taking the children and disrupting their present schooling arrangements but they can't actually prevent your ex herself frby David Terry - UK Divorce Forum
Re: Advice on situation needed please - 1 year ago
There is a five year old child here. Therefore I would be surprised if a court thought you should be able to ring fence 'your' apartment and bank account so that only the rest is divided. It is more likely that they will be regarded as assets which you have and which affect your needs. The fact that you have these assets may then well affect how the other assets are divided such that thby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
That is the order courts usually make in these cases - to preserve the status quo until such time as the court can properly work out what is in the children's best interests. You would be wise to take legal advice at some point though just to make sure that points which carry weight with a court are all raised.by David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
>>what's the worst that can happen tomorrow? That you lose your application and are ordered to pay your ex's legal costs. It really would be better to be legally represented on an application like this. Not being represented does not mean you will lose but you have made it more difficult for yourself.by David Terry - UK Divorce Forum
Re: Wife moved out & into new home with new partner, financial order question. - 1 year ago
>>Can I claim on his assets as part of my financial settlement.<< No. You are not married to him. You have no claim whatever upon his assets. Since you refer to a grown up son this is clearly a long marriage so the starting point for any division of the assets of the marriage would be an equal division. It is true that 'needs' also play a part - often a very importantby David Terry - UK Divorce Forum
Re: Advice on situation needed please - 1 year ago
Well, it looks as though with an income of £60K, and child maintenance your wife could manage a mortgage of that sort of size. You are fortunate in that there are two properties and significant savings. The difficult cases tend to involve those where all capital is tied up in the matrimonial home. In this case it should be possible to divide capital reasonably equitably. Mediation may help you boby David Terry - UK Divorce Forum
Re: Advice on situation needed please - 1 year ago
On these figures there is no obvious reason why you should end up paying spousal maintenance. Assuming the child will live primarily with his mother you will of course need to pay child maintenance. As to how the capital should be divided that is going to depend primarily upon the housing needs of your wife and child and how that will be funded. In that respect 'equity' is all very wby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
>> if I am not entirely satisfied with the former, there is any reason not to subsequently apply for the latter. Frankly, that makes no sense. If your ex makes a court application for permission to remove the childen it would be sensible for you to make a cross application in the same proceedings. Incurring the cost of two sets of proceedings makes no sense. And if your ex makes a courtby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
There are a few observations: 1. People often say they are going to make a court application but don't actually do it. If you are relying upon your ex to make an application you need to monitor the situation carefully before abandoning your own. 2. You may need to make a cross application anyway even if she makes an application. Her application would be to remove the children. If her aby David Terry - UK Divorce Forum
Re: Financial order missing ex-spouse - 1 year ago
>>can I obtain a court order dismissing any future claims by my ex-spouse in her absence?<< Yes, but only after satisfying the court that your ex wife is aware of the proceedings and has been given every opportunity to take part. You may be better off taking legal advice as to whether you really need to incur the expense and hassle of doing this. Assuming there are no dependentby David Terry - UK Divorce Forum