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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: Ex-wife moving home and impacting children's' education - 1 year ago
>>She says that she is about to apply for a court order to permit her to unilaterally change the childrens school to one near her soon-to-be new home. I said this can not happen without the agreement of myself and the children - which is not forthcoming. Am I correct?<< No, you are not correct. She can apply to a court for permission to remove the children just as you can make a coby David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
If you do intend making an urgent court application to stop the move then that usually involves physically attending court, issuing the papers and geting an urgent hearing before a judge. Although in principle this could be done by a litigant in person it is by no means straightforward. It might be wiser to use a solicitor near to the court who has experience of making this type of urgent applicaby David Terry - UK Divorce Forum
Re: Buying out of fmh - 1 year ago
>>Are any of these fair arguments?<< No. The fact is that this is a long marriage and how the equity is divided (on these figures) will depend upon your respective needs and financial resources rather than upon the factors your husband relies upon. There are obviously children. Providing a home for them will far outweigh your husband's arguments.by David Terry - UK Divorce Forum
Re: Ex-wife moving home and impacting children's' education - 1 year ago
That is true. Courts do generally favour stability and also these children are of an age where what they want counts. The problem appears to be that the person posing the question admits that for him to seek full care would be impractical. That is a conundrum. The children's mother can move if she wants. That cannot be prevented. The question is really what the alternative is if the parent wby David Terry - UK Divorce Forum
Re: 50/50 house split before divorce - 1 year ago
If, say, you sell the house, divide the net proceeds equally, each buy alternative properties and then immediately seek a divorce there probably wouldn't be any problem. The problem is more likely to arise if (a) a long time elapses before you get a divorce and sort out things formally, (b) there is a significant change of circumstance or mind before you get a divorce or (c) one or both of yby David Terry - UK Divorce Forum
Re: Can the Applicants adjourn final hearing more than once - 1 year ago
A person can apply as many times as they have grounds. I once had a possession order against a tenant for non payment of rent. Each time the warrant of execution was scheduled to be carried out he applied to adjourn on the day and repeated that trick more times than I can remember. It worked because (a) court bailiffs serve advance of when they would effect the warrant of execution and (b) they wby David Terry - UK Divorce Forum
Re: 50/50 house split before divorce - 1 year ago
>>As for the risk of her coming back to me years down the line for more money if she squanders what we split, can't this be resolved by a consent order as part of the divorce?<< Yes, but you are not proposing getting a divorce any time soon which is the course of the risks you are running. Also, incidentally, if, say, a couple say, 'give me half the house and I wonby David Terry - UK Divorce Forum
Re: 50/50 house split before divorce - 1 year ago
Generally speaking if a marriage has come to an end it is better to dissolve it sooner rather than later and to settle all the financial issues arising from the marriage once for all within the context of that divorce. It is important to understand that if these things are left and it later comes before a court the court will consider financial circumstances as they are at the time of making itsby David Terry - UK Divorce Forum
Re: Pension values - 1 year ago
It is not quite true to say that no-one knows what a £200K share in a pension should be worth in cash. I dare say an actuary could probably work it out in any given case. However such a calculation invariably involves making certain assumptions which may or may not turn out to be correct. In reality what amount of cash would be acceptable in lieu of a pension share is more often than not a matterby David Terry - UK Divorce Forum
Re: Pension values - 1 year ago
£100K in a pension is not the same as £100K in cash. They are different types of asset like apples and pears. And there is no formula for converting a set sum in a pension into a sum in cash any more than there is a formula for converting apples into pears. If a person wants cash instead of a share in a pension then how much that cash should be is simply a matter for negotiation. Obviously, thougby David Terry - UK Divorce Forum
Re: Form B question - 1 year ago
Frankly, I think it is absolutely imperative that you seek proper legal advice about this. The fact is that applications by way of Form B are rare. Such applications must only be made where the circumstances truly justify them. If they do not then the person making the application runs the risk of being ordered to pay the other side's legal costs. Basically a Form B is an application to tby David Terry - UK Divorce Forum
Re: How do I contact court - 1 year ago
The mortgage company doesn't care which of you pay. Since you have the benefit of living in the house and she doesn't it would normally be regarded as reasonable that you pay the mortgage which can be regarded as the equivalent of rent even though strictly speaking it is a joint liability.by David Terry - UK Divorce Forum
Re: How do I contact court - 1 year ago
It is difficult to see how any of that relates to an undertaking to be respectful to one another.by David Terry - UK Divorce Forum
Re: How do I contact court - 1 year ago
The court contact details will be on the document which recorded your respective undertakings. Quite apart from the fact that enforcing an undertaking is not actually easy there is in this case the question of what is to be achieved? Going to court to say that a person is not being respectful towards you when you have both agreed to be respectful looks completely out of proportion.by David Terry - UK Divorce Forum
Re: Issues with everything regarding divorce. - 1 year ago
The court will deal with the financial issues (upon one of you making an application) as soon as there are divorce proceedings - ie as soon as a divorce petition has been issued and there is a case number. A court cannot make a FINAL order in respect of the financial issues (as opposed to an interim order) until a conditional order in the divorce has been made. However, please note that if finby David Terry - UK Divorce Forum
Re: Issues with everything regarding divorce. - 1 year ago
Well, you do need to sort this out and that means you have to take action rather than leave it to your wife. The problem with your wife being the petitioner for the divorce is that she can drag it out which is obviously what she is doing. Basically you need to start taking control of this so in the first instance you or a solicitor acting on your behalf needs to write to her (or her solicitor ifby David Terry - UK Divorce Forum
Re: New mortgage while waiting for ex wife to sell marital home - 1 year ago
>>Need I be concerned about CGT and the tax man on the proceeds from the marital home<< You would to check that with an accountant I think.by David Terry - UK Divorce Forum
Re: Cost and difficulty of enforcing spousal maintenance arrears - 1 year ago
No problem. Remember, though, you need to be active in controlling cost if you employ a solicitor. This can be done. See the recent post by Andyk in another thread.by David Terry - UK Divorce Forum
Re: Is it me - 1 year ago
In general an inheritance received by one spouse after they have split up is not matrimonial property. Indeed, an inheritance received by one spouse while they are together may also not be matrimonial property. So, the first thing is not to concede that any part of your inheritance until you have taken proper legal advice. You need legal advice because although the inheritance may not be matriby David Terry - UK Divorce Forum
Re: Coming to the end of financial negotiations - 1 year ago
You should never sign a document like this without first having it checked over by a solicitor acting on your behalf. Although you might think you understand clauses in this type of document (and most will indeed be straightforward) nevertheless they can have meanings which you never suspected. You always get them checked out. Your wife's solicitor acts for her rather than for you so any docby David Terry - UK Divorce Forum
Re: Cost and difficulty of enforcing spousal maintenance arrears - 1 year ago
If you use the solicitor's time carefully and make sure you have a proper quote at the outset you should be looking at hundreds rather than thousands. You do need to be in active control of costs though.by David Terry - UK Divorce Forum
Re: Financial Split advice - 1 year ago
If you have had an FDR it is likely that the judge will have expressed a without prejudice opinion on what a fair outcome would be. If so it would be sensible to take note of that. I say that because the outcome very much depends on the details of individual circumstances. I say this because you seem to acknowledge that your wife has had mental health issues. Depending on what these were and wby David Terry - UK Divorce Forum
Re: Cost and difficulty of enforcing spousal maintenance arrears - 1 year ago
You should take action iimmediately to recover the arrears. It is important that you understand that arrears which are over 12 months' old cannot be recovered unless a court gives special permission (which cannot be taken for granted). If you take court action to recover the arrears and your cliam is successful then ordinarily your husband would be ordered to pay your legal costs. For this rby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 1 year ago
Often it is not possible to have a constructive conversation with the other spouse but this can vary from day to day. Most times a person may be unresponsive but occasionally that can change. It is always a good idea to be alert to this because having to do everything through a solicitor tends to (1) make everything last much longer, (2) costs more and (3) is a lot more stressful. Direct dicussioby David Terry - UK Divorce Forum
Re: What happened to all the articles on Terry.co.uk? - 1 year ago
Thanks for the kind words. For most people divorce is not an every day occurrence so there is no reason for most people to know much about it. On the other hand when a solicitor deals with it every day for years it is actually quite simple to explain most aspects of it (not least because many situations repeat themselves so often). On a lighter note here is a picture of one of my hawksby David Terry - UK Divorce Forum
Re: What happened to all the articles on Terry.co.uk? - 1 year ago
I deleted the website because I have recently retired from practice and so it needed to come down. This forum is free standing and nothing to do with any solicitor's practice. I considered closing it but on balance decided to leave it open because people seem to find it useful and others also contribute. Do please bear in mind, though, that now that I have retired from practice (to spend morby David Terry - UK Divorce Forum
Re: Expected Financial Split? - 1 year ago
You should get your own independent legal advice if and when any proposal to settle is forthcoming and BEFORE you agree anything. Obviously you can seek your own legal advice before then that that point is the Rubicon at which you should certainly do so. Since the advice will be for your benefit rather than for the benefit of your wife you will be expected to pay the cost of it. Unless, of courseby David Terry - UK Divorce Forum
Re: Family loan and divorce - 1 year ago
There are loans and there are loans. Say, for instance, a bank loans you money to buy a house that loan will be made at arm's length and secured against the property. Such a loan is fully protected. However, say, parents give money to their child on the occasion of that child's marriage with a view to enabling the couple to buy a house and say the money is just handed over. Later on inby David Terry - UK Divorce Forum
Re: Child Maintenance - 1 year ago
Yes, I do remember. I hope all is well with you. So far as the question is concerned the issue is really whether the child is in full time education or not. The CMS explains eligibility at this section of their web site:-by David Terry - UK Divorce Forum
Re: Final order and D81 - 1 year ago
>>I’d like to understand: 1. Is this the right time to apply for the final order or should I wait a bit until the D81 is complete?<< If by 'final order' you mean decree absolute very often decree absolute is not applied for until there is a court order settling financial issues once for all. This rule is by no means invariable but there there would be some sort of prejby David Terry - UK Divorce Forum