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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: Court Portal issue - 1 year ago
This is a bit vague really. The consent order has been approved by a judge but you say you have to do 'something' on the court portal although it is not obvious what that something is. The court shoud eventually reply to your emails and, if your wife has a solicitor, you can probably expect to be chased at some point and they should be able to tell you what, if anything, you need to do.by David Terry - UK Divorce Forum
Re: Advice on financial agreement - 1 year ago
You may have a good chance of getting substantive spousal maintenance given the ages of the children and that you are a stay at home mom (presumably agreed at the time by your husband). However, you would need to seek specific advice about that in order to discuss the details of your circumstances more fully. What is rather clearer is that there is definitely a case for at least a nominal spousalby David Terry - UK Divorce Forum
Re: Advice on financial agreement - 1 year ago
>>Since my ex is self-employed, he was adamant that he will be reducing his work hours, hence, will reduce his income. This subsequently will reduce the amount of child maintenance. What is the court view on that? A court's view is usually that if a person chooses to do that then he should bear the financial consequences and not you. It is earning capacity which is important. If youby David Terry - UK Divorce Forum
Re: Advice of financial agreement - 1 year ago
>>My husband insisted that paying for any spousal maintenance is too much. He is looking forward to have a Clean Break. Bearing in mind that you have three young children, that you are a stay at home mom and that your husband seems to have a high income I think he will be very lucky to avoid spousal maintenance and to get a clean break. A court's priority would be to ensure a hoby David Terry - UK Divorce Forum
Re: I have no money to divorce 
- 1 year ago
You may be fees exempt. Check with the court. They should be able to tell you.by David Terry - UK Divorce Forum
Re: Clean break order and child maintenance arrears - 1 year ago
>>this doesn’t affect the arrears. No, it doesn't affect the arrears.by David Terry - UK Divorce Forum
Re: Clean break order and child maintenance arrears - 1 year ago
CMS arrears are not affected in any way by the order. The arrears relate to maintenance for a child or children which are payable regardless of any claims between the parents.by David Terry - UK Divorce Forum
Re: New Here - 1 year ago
>>I never knew the order wasnt enforceable until decree absolute. << Some orders can be enforced before decree absolute (such as an order for interim maintenance) but in general a final order which settles all the financial issues arising from a marriage can only be enforced once decree absolute has been granted. One of the many oddities of the order which you have posted is thaby David Terry - UK Divorce Forum
Re: New Here - 1 year ago
Just as a matter of interest, all sorts of things can be affected by a delay in seeking a divorce (assuming the marriage has broken down beyond repair). Say, for instance, a pension sharing order is appropriate. That only takes effect (1) by way of a court order (whether that is obtained by consent or otherwise) and (2) such orders are normally expressed in terms of percentages and the pension trby David Terry - UK Divorce 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years ago
One way or another it can be done, yes.by David Terry - UK Divorce Forum
Re: Es2 form help - 2 years 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 - 2 years 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 - 2 years ago
You may find this link to be of help:- .by David Terry - UK Divorce Forum
Re: Advice on situation needed please - 2 years 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 - 2 years 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