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Re: Threatening options............ - 1 year 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 - 1 year 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 - 1 year 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 - 1 year 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

Re: Co-habitation and financial proceedings - 1 year ago

It is relevant if during that time she was not in receipt of any spousal maintenance from you. There is clearly a significant period of separation. If she has not been receiving maintenance from you since you have been separated then it will be difficult for her to make an application for maintenance now. There is a presumption in favour of a clean break. She would have to explain why such a clai

by David Terry - UK Divorce Forum

Re: Claiming my full costs from being accused Of Non Molestation - 1 year ago

Costs in such an application is in the discretion of the court. The court will make its decision on who should pay what costs after hearing evidence.

by David Terry - UK Divorce Forum

Re: Notice of Acting - 1 year ago

Whether a solicitor can act for a client does not depend upon a Notice of Acting. If you have not received such a notice and you think you should then the obvious course of action is to ask for it.

by David Terry - UK Divorce Forum

Re: Non disclose of capital assets - 1 year ago

Like I said, and for the reasons I have already given, I think your chances of getting the order set aside are negligible. And if you make an application to set it aside, that application is opposed by your ex and your application fails you will be ordered to pay the costs of your wife. At the every least before making an application like this you should take formal legal advice.

by David Terry - UK Divorce Forum

Re: Non disclose of capital assets - 1 year ago

Frankly, I think it very unlikely the original order would be set aside and I think it has previously been explained why.

by David Terry - UK Divorce Forum

Re: What assets are matrimonial - 1 year ago

The answers to questions like this depend upon specific detail rather than upon generalities. Basically your description of events is in general terms which lack the detail required to give meaningful replies. Obviously it is understandable that no-one wants to give comprehensive detail on a public forum but the fact remains that the description is general rather than specific. You really need

by David Terry - UK Divorce Forum

Re: Gas and Electric account in my sole name, living ex partner not willing to put her name on account - 1 year ago

I think you will find that courts deal with financial matters in the round. They do not generally split finances up into micro issues which require separate applications. They just wouldn't make this type of order in isolation. It will be dealt with as part of the overall financial settlement.

by David Terry - UK Divorce Forum

Re: Home furnishings value - 1 year ago

>>to completely furnish a house from scratch is not a cheap thing so I am right in thinking this needs to be taken into consideration. I think I have already explained that it does need to be taken into consideration. Whatever agreement you finally come to should be drawn up formally and turned into a court order. If that is not done then the matter is not properly closed. It normall

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 1 year ago

If you issue the Form A you will be the Applicant in those financial proceedings even though you are the Respondent in the divorce. The person who makes the application is the Applicant.

by David Terry - UK Divorce Forum

Re: Form A - 1 year ago

You tick all the boxes because if you want a clean break all possible claims need to be formally dismissed. Those claims cannot be dismissed unless they have actually been made. Therefore it is usual to tick all the boxes even though you may not actually be seeking substantive orders but only that the claims should all be formally dismissed. There are usually explanatory notes with forms which

by David Terry - UK Divorce Forum

Re: What should I receive when given notice to my solicitor, i no longer want them to represent me - 1 year ago

Your former solicitor would not normally have to send you anything. Obviously if you are going to represent yourself you need to make sure you have copies of all the documents to enable you to do that such as copies of court orders and copies of all documents that have been filed with the court, copies of disclosed documents etc. In the normal course of events you would have been receiving these

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 1 year ago

If you say your wife took the Rolex and she says she left it behind in the house then that is a conflict of evidence which would have to be adjudicated on by a judge. Do, though, bear in mind two things. First, courts act on the basis of evidence and not on the basis of speculation. It would be you who would be asserting that your wife took the Rolex. Therefore that would be for you to PROVE (not

by David Terry - UK Divorce Forum

Re: Home furnishings value - 1 year ago

Well, it doesn't quite work like that. The reason is because the value of house contents is their second hand value not what was paid for them. In practice that means a share of the house contents in cash terms doesn't usually amount to much. Having said that, if you do have to buy a new place for yourself and the children then you will need to furnish that property. Therefore what y

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 1 year ago

>>would i be liable tor her legal fees in court ? Normally in applications to settle the financial issues arising from a marriage each side pays its own costs. There are some situations - such as the actual cost of a divorce or an application for maintenance pending suit or a non-molestation order etc - one party is often ordered to pay the other's costs. >>Would the court

by David Terry - UK Divorce Forum

Re: LSPO Order states I can not sell car till final hearing. - 1 year ago

I do not think you can reasonably expect an answer to that question.

by David Terry - UK Divorce Forum

Re: Mother in law on mortgage for rental property - 1 year ago

It wouldn't really matter whether your mother in law was on the mortgage or not (unless she actually paid the mortgage). What matters is whether she is on the title to the property. She may or may not be. You can check and know for sure by checking with the Land Registry. Assuming she is on the title and not just on the mortgage then you would be saying that your wife is 100% the beneficial

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 1 year ago

>>the longer it’s me paying for the mortgage etc the less claim she will have to property. No, that is not correct. You have the benefit of living in the property whereas your wife does not. Paying the mortgage can be regarded as the equivalent of rent. If the property is in joint names you do not acquire a greater interest just by paying the mortgage after your wife has left. Indeed, y

by David Terry - UK Divorce Forum

Re: Splitting house equity - 1 year ago

>>If it's a discussion between me and my wife I will say because I have paid her share of the mortgage and bills from day one, and because she caused the breakdown of the marriage. This is my idea of fairness and it might be hers, too. << I doubt that your wife will agree. In my experience the breakdown of a marriage is rarely one sided. Nor, for that matter, are finances deci

by David Terry - UK Divorce Forum

Re: Advice and help needed, wife lying on voluntary disclosure please read - 1 year ago

Voluntary disclosure on the basis of exchange of Forms E is rarely a good idea because it can be waste of time and money if no agreement is reached and you need to repeat the Form E process formally in court proceedings. Yes, voluntary disclosure can be referred to later. If two people genuinely want to reach agreement then using a mediator is usually better than voluntary disclosure of Forms

by David Terry - UK Divorce Forum

Re: Lies and Undisclosed Information - 1 year ago

>>How could I have known to question the existence of something I didn't know about? This information existed before the final hearing and you were as able to locate it before the final hearing as after. Cases cannot usually be reopened on the basis that one party has neglected to produce one piece of evidence or another. There would be no end to litigation if that was possible.

by David Terry - UK Divorce Forum

Re: D440 – Request for a search for a Divorce Decree Absolute at - 1 year ago

You should use the name you had in the divorce proceedings. The more information you can supply about those proceedings the easier it will be to locate the decree absolute.

by David Terry - UK Divorce Forum

Re: Lies and Undisclosed Information - 1 year ago

I think you will find that issues of disclosure are now water under the bridge. To the extent that this information existed before the final hearing you have almost certainly lost the opportunity to introduce this evidence now. As to the directions hearing you do run the risk that if the court agrees with your wife's draft and overrules your objections. I don't think it is for to sa

by David Terry - UK Divorce Forum

Re: Lies and Undisclosed Information - 1 year ago

I would suggest that you contact the court to find out what the directions hearing is about and what it is for. Only when you know this can you decide how to deal with it.

by David Terry - UK Divorce Forum

Re: Gas and Electric account in my sole name, living ex partner not willing to put her name on account - 1 year ago

>>My question: is how do I get what’s written in the paragraph above , where it states : The second way is for a proper authority to dictate that her name is to be part of the account as a joint liability for the bills ? << I think they are probably referring to a court order.

by David Terry - UK Divorce Forum

Re: Splitting house equity - 1 year ago

>>I'm arguing that it's fair for me to get a greater share. Well, you can argue that but anyone, including your wife, is going to say, 'Why?' What are you going to say then? In any event, I think all of this is likely to be theoretical. I can't see many wives who have the care of children thinking that what you propose is fair.

by David Terry - UK Divorce Forum

Re: Can I challenge a court order, directly to court ? - 1 year ago

It is impossible to know without seeing the order. It is quite possible the answer is no because this seems to have been an order you agreed to. An agreed order could normally only be changed if both parties agreed. Your solicitor will know the answer better than anyone here.

by David Terry - UK Divorce Forum