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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: 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
Re: Advice on situation needed please - 2 years 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 - 2 years 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 - 2 years 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. - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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
Re: Ex-wife moving home and impacting children's' education - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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. - 2 years 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