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: Enforcing Consent Order - 6 years ago
Well, when you say, 'I have no financial interest in the property as it was all given to her', what does that mean exactly? I mean was there a court order which provided that the property should be transferred to your wife or what? If there was such a court order your rights will depend upon what it said.by David Terry - UK Divorce Forum
Re: FDR - How much of the share - 6 years ago
What your husband may or may not stand to inherit in the future is irrelevant. A court will not take into account the possibility of a future inheritance because it is too uncertain to be quantified and in any case his parents are not obliged to leave him anything. It is impossible to say whether you can reasonably ask for 80% of all assets because you do not say what they are or attribute anyby David Terry - UK Divorce Forum
Re: Enforcement of property sale ? - 6 years ago
>>If my ex is not paying the fees and subsequently the pension share is not implemented, is that a breach of court order by my ex or the pension provider ? It is a breach by your ex and if push comes to shove he can be brought back to court about it if he doesn't pay. There is usually a clause which says, 'Liberty to apply'. That is basically so that any issue about impleby David Terry - UK Divorce Forum
Re: Potential non molestation warning notice - 6 years ago
Well, how exactly you answer such a letter depends upon what it actually says. It is just a letter, though, and not a court order. If you have not been molesting or pestering your ex you just say so and say that you have no intention of doing so in the future either. It is in practice very easy to get a non molestation because all it orders is what someone should not be doing in the first placby David Terry - UK Divorce Forum
Re: Legal charge made during court procedure by husband - 6 years ago
>>Divorce has been going on since 07/16. His father has put a legal charge on a few of the properties on 08/18 (whilst divorce proceedings have been going on). Can this be challenged? Yes, possibly. The courts do have jurisdiction to set transactions aside in divorce proceedings if they have been entered into in bad faith and not for full market value. Having said that getting the transby David Terry - UK Divorce Forum
Re: Tertiary education post A levels?? - 6 years ago
If you reached agreement that you should pay less and you can prove that you reached agreement (with, for instance, an email or a text) then she will be debarred from claiming the arrears. In any case there is a statutory bar on recovering arrears of child maintenance which are more than a year old so she would only be able to claim arrears for one year if you are not in a position to prove the aby David Terry - UK Divorce Forum
Re: Tertiary education post A levels?? - 6 years ago
This wording (which is standard) provides that you should pay your ex wife rather than your son direct. If your ex wife wanted to be difficult she could insist that you continued paying her. In practice many people in your ex wife's position do not object to the child being paid direct once the child is at university. However, most people in your ex wife's position would also want to beby David Terry - UK Divorce Forum
Re: Ex not paying ordered costs - 6 years ago
If the reduction of 2% in your payments to her cover her liability to you in terms of costs then it seems sensible to deal with it in that way. You should notify your ex in writing that this is what you are going to do and you should also explain the reason for it. You should keep a copy of this letter because you may need to refer to it later. That is because, strictly speaking, you need to mby David Terry - UK Divorce Forum
Re: Pension Sharing - 6 years ago
In the case of a marriage of this length a court is unlikely to think that equalising capital transfer values is the best way forward. It is much more likely to take the view that pensions should be divided in such a way as to provide for equality of pension income at a given date. Working out the pension share required to do that usually needs a calculation by an actuary.by David Terry - UK Divorce Forum
Re: Residency battle - 6 years ago
Since you refer to a Sheriff this is obviously taking place in Scotland. I can't say what is normal in Scotland. However, you did obtain an interim residency order. That means that the matter was due to be considered again before making a final order. That is presumably what happened. Given the circumstances I doubt that the Sheriff took the decision lightly.by David Terry - UK Divorce Forum
Re: A friend was willing to accept 15K from ex but now realises he's being shafted - 6 years ago
If he gets a clean break from his wife - ie no spousal maintenance - and he is released from the mortgage then this deal is not so bad. He should make sure he gets that clean break and release from the mortgage though.by David Terry - UK Divorce Forum
Re: A friend was willing to accept 15K from ex but now realises he's being shafted - 6 years ago
Is it economic to go to court for at most £7.5K? Almost certainly not. And that assumes that a court thinks he should get that much more. Possibly his wife couldn't raise the extra £7.5K. Since I can't see a court ordering a sale of the property to access this amount of equity when there is a dependent child it could be that a court would think a figure not far off what he is being offeby David Terry - UK Divorce Forum
Re: Enforcement of property sale ? - 6 years ago
1. You will need evidence that an estate agent has recommended that it be marketed at £170,000 in order to have proper evidence. Estate agents market properties, not surveyors. 2. You are the beneficiary of the pension share. It is therefore your responsibility to ensure that it is implemented unless a court has ordered otherwise.by David Terry - UK Divorce Forum
Re: A friend was willing to accept 15K from ex but now realises he's being shafted - 6 years ago
There is a dependent child in this case. The chances are that it would be better to accept £15K in return for being removed from the mortgage. In that way he can move on. In circumstances like these it is far from obvious that he would get half if he pursued this to court. If the wife, say, earns less than he does and/or has a lower mortgage capacity a court might well think it fair that she sby David Terry - UK Divorce Forum
Re: Enforcement of property sale ? - 6 years ago
If the property is on the market for a price recommended by the estate agent and you are acting in good faith then they have nothing to enforce. On the other hand if, for example, you are marketing it for a price which is too high to be justified they could have a point. For what t it is worth it is not their responsibility to implement the pension sharing order. The pension sharing order isby David Terry - UK Divorce Forum
Re: Is there ever a straight forward Divorce? - 6 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 - 6 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 - 6 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? - 6 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 - 6 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 - 6 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 - 6 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? - 6 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? - 6 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? - 6 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 - 6 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 - 6 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 - 6 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 - 6 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 - 6 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