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Re: Maintenance and Housing Guidance - 10 months ago

Well, you are entitled to your view but I suspect if your wife receives legal advice she will not be advised to agree to your proposal as it currently stands.

by David Terry - UK Divorce Forum

Re: Maintenance and Housing Guidance - 10 months ago

>>With Question 3, the proposal is that I stay on her mortgage and pay the equivalent of statutory child maintenance towards that. I realise that but you choosing to remain on the mortgage voluntarily is almost certainly a bad idea. Normally if one spouse gets to remain in the former matrimonial home with the children that spouse undertakes to pay the mortgage and to use her best ende

by David Terry - UK Divorce Forum

Re: Forced ''marriage'' from 24 years ago - 10 months ago

The position is not quite as simple as Andy thinks so trappedUK should take independent legal advice to ascertain the exact position. The are several factors which can potentially complicate the situation. If, say, two people resident and domiciled in England from birth are only 'married' by Nikah and there is no confirming civil ceremony then the 'marriage' is not recognised

by David Terry - UK Divorce Forum

Re: Forced ''marriage'' from 24 years ago - 10 months ago

Please note this was 24 years ago. You have had a long time to do something about it. I am sure you were put in a very difficult position but 24 years is a long time to have done nothing about it.

by David Terry - UK Divorce Forum

Re: Maintenance and Housing Guidance - 10 months ago

>>Question 1: Does the court consider the net or gross incomes of the parties when looking at section 25 factors?<< Net income. Although please note that has to be genuinely net as a result of deductions which really cannot be avoided. I say this because if, say, a person chose to pay 25% of their gross income into a pension and that was a voluntary choice then that would not be th

by David Terry - UK Divorce Forum

Re: Forced ''marriage'' from 24 years ago - 10 months ago

Marriages don't come to an end unless one spouse dies or seeks a divorce. If you didn't seek a divorce that is down to you. Marriage don't get automatically dissolved because there is no sex for X period of time.

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 10 months ago

This has already been answered. There is nothing to be gained by further speculation.

by David Terry - UK Divorce Forum

Re: Forced ''marriage'' from 24 years ago - 10 months ago

>>1. She says f*** uk law. Those are her words. I think regardless of what a uk court says or does- she would be successful in taking kids to Pakistan by hook or crook.<< If there is evidence of her intention she can certainly be prevented by the courts regardless of what she may think. >>. I therefore presume post divorce I will no longer be paying anything extra for the

by David Terry - UK Divorce Forum

Re: Divorce 2007 house to be sold when children 18 five years ago - 10 months ago

If there was a court order setting out the terms of financial settlement between yourself and your ex wife as part of the divorce then your rights, if any, in relation to the house will depend upon what the court order actually says.

by David Terry - UK Divorce Forum

Re: Forced ''marriage'' from 24 years ago - 10 months ago

(1) If there is a real risk that she might take the children to Pakistan and keep them there that can be prevented by the English courts. (2) Courts do not order people to pay what they cannot afford. You can only pay what you can genuinely afford. (3) If the children live with your wife then what she does with any child maintenance you pay her is a matter for her. You do not have the right

by David Terry - UK Divorce Forum

Re: Expected Financial Split? - 10 months ago

Only you and your wife can decide whether it is necessary to use an actuary. The value of the pensions here is such that whether you use an actuary is hardly compulsory. If you don't then any division of pensions would be more rough and ready but many people can accept that trade off when the pensions have this sort of value. If you do each decide to get an actuarial report it is customar

by David Terry - UK Divorce Forum

Re: Forced ''marriage'' from 24 years ago - 10 months ago

Frankly, I doubt that you would like what you may be told. You have spoken to solicitors. It may be a good idea to listen to them.

by David Terry - UK Divorce Forum

Re: Coming to the end of financial negotiations - 10 months ago

>>I now have it in writing from her solicitor (without prejudice) as I asked so many questions (which they wouldn’t answer) but they could no longer deny it. Remember that you cannot rely upon a document headed 'without prejudice' in evidence. Without prejudice documents can only be used in evidence if the without prejudice negotiation ultimately results in agreement. Obviously

by David Terry - UK Divorce Forum

Re: Apply to Court to have order varied or dismissed - 11 months ago

Like I said, you should take advice before you do anything like this. If you don't you run the very real risk that your application might fail and that you would be ordered to pay your wife's legal costs in opposing your application.

by David Terry - UK Divorce Forum

Re: Coming to the end of financial negotiations - 11 months ago

>>I just want to know if the courts would consider her mother’s capital in deciding whether the 70/30 (her way) split is fair.<< A lot depends upon the exact details of any situation. For instance, if one spouse cohabits then that cohabitation is usually relevant to their financial needs. Cohabitees can reasonably be expected to share outgoings such as food, housing costs, utilitie

by David Terry - UK Divorce Forum

Re: Apply to Court to have order varied or dismissed - 11 months ago

Well, you could make such an application but there would need to be very good grounds for it otherwise you might be looking at the same outcome and another order for costs against you. It would therefore be unwise to make such an application without first taking proper legal advice about the likelihood of success.

by David Terry - UK Divorce Forum

Re: Coming to the end of financial negotiations - 11 months ago

A court looks at the housing needs of BOTH parties and not just of one. Sometimes one spouse may actually need (and get) most of the avilable capital. For instance, where the husband is a very high earner, the wife has been a stay at home mother for years, there are dependent children and limited capital. However, most cases are not like that. In most cases the housing needs of both parties have

by David Terry - UK Divorce Forum

Re: Does the other parties legal team have a duty to inform other side if they in receipt of legal aid. - 11 months ago

>>Is that an requirement when court proceedings start or during voluntary disclosure also? When Legal Aid is granted notice should be served on the other side and on the court. I am not going to answer the remaining questions because I gave up doing legal aid work very many years ago.

by David Terry - UK Divorce Forum

Re: Does the other parties legal team have a duty to inform other side if they in receipt of legal aid. - 11 months ago

Notice of issue of legal aid must be served on the other side to the litigation. That is because costs cannot be claimed againist a litigant who is legally aided which is obviously relevant to the other party.

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 11 months ago

>>Do you suggest i provide my personal bank account statements ? That depends upon whether a court has directed financial disclosure or whether any disclosure is only voluntary. If a court has directed it then you should provide disclosure. If it is just voluntary you have to ask yourself whether there is any point to that if it is not to be reciprocal.

by David Terry - UK Divorce Forum

Re: Ex threatening to stop paying mortgage & bills against consent order - 11 months ago

>>Could I apply to the Court with the updated valuations from the court appointed estate agents to prove the value in the original consent order is no longer valid & that I am offering the Ex market value to buy her out & see if the Ex can be somehow be ordered by the Court to accept my reasonable buy out offer?<< Yes. Provided you have proper valuation evidence it would be

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 11 months ago

If you have supplied the documentation for the car then it is what it is regardless of what her solicitor says. Disclosure is normally for a period of the last 12 months. People have to justify going further back.

by David Terry - UK Divorce Forum

Re: Ex threatening to stop paying mortgage & bills against consent order - 11 months ago

>>Do you know if the Ex is entitled to bring in a lodger against the co-owners (my) wishes? It depends what the court order says but it seems unlikely. In any case, bearing in mind that you live there how would it be possible to instal a lodger against your wishes? A lodger would require exclusive possession of at least one room and if you deny that what lodger in their right senses woul

by David Terry - UK Divorce Forum

Re: Threatening options............ - 11 months ago

>> Is it true that the property left to me by my mother would not be included in the settlement, and would be classed as non-marital ?<< It is true that it is probably non-matrimonial (depending, among other things, upon what has been happening to the rent and whether your wife has ever had any interest in the property such as visiting for holidays). Whether it should be included i

by David Terry - UK Divorce Forum

Re: Barrister has been cc into all email correspondence for 5 months - 11 months ago

>>1. Is this allowed ? 2. Is this cost building ? 3. Is this a breach of my confidentiality ? 4. Has her solicitor broken the SRA code of conduct ?<<< I am not going to answer the above questions. >>If this is allowed: 5. Am I allowed to “cc” my financial advisor into all future correspondence ? 6. Would I be allowed to have my financial advisor present in court

by David Terry - UK Divorce Forum

Re: Ex threatening to stop paying mortgage & bills against consent order - 11 months ago

If there is a court order in place that court order determines who pays what until the house is sold and what the mechanism for sale is to be. It is not for one party to unilaterally change what was ordered. If the order was properly drafted there will be a clause which grants 'liberty to apply'. That means in the event of a dispute about applying the order either party can bring that i

by David Terry - UK Divorce Forum

Re: Threatening options............ - 11 months ago

Well, you should remember that courts look in the round at financial settlements in divorce. They do not usually deal with one item in isolation. It is a question of finding the right balance overall, This is a long marriage and so the starting point for any division would be an equal division. In this case you are ten years older than your wife and she earns more than you do. That will very like

by David Terry - UK Divorce Forum

Re: Proceeds of house - 11 months ago

A gift is a gift which the donor cannot change into something else retrospectively. In any case, assuming you were to agree with your father in law what do you think would happen after the house has been sold and the proceeds divided? Your father in law would no doubt help his son financially again.

by David Terry - UK Divorce Forum

Re: Notice of Acting - 11 months ago

Then keep copies of the correspondence and show it to the court in due course. Mind you, I seem to recall that there has been a final order in your case so possibly there will be no further court hearings.

by David Terry - UK Divorce Forum

Re: Co-habitation and financial proceedings - 11 months ago

It is the period during which she has not been receiving spousal maintenance whic is relevant. If she has not received such support for the last seven years she will have a work cut out justifying a claim now.

by David Terry - UK Divorce Forum