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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: The home - 1 year ago
You are married. Whether the house is in your sole name is irrelevant. It is the matrimonial home. How assets would be divided upon divorce would depend upon circumstances at that time - needs, financial resources etc. It may be relevant what your wife has done with the money she received. If at the time of divorce it was still intact and sitting in a bank account that would be one thing. On theby David Terry - UK Divorce Forum
Re: Splitting house equity - 1 year ago
Courts do not 'rubber stamp' this type of agreement. The courts exercise their own judgment in the matter and if they think proposed terms of settlement are unfair they will not approve them. As to comparing A with X that is a mug's game. Almost all cases are different in one way or another. Looked at more closely there are almost always differences. For instance, here there areby David Terry - UK Divorce Forum
Re: Splitting house equity - 1 year ago
>>I know I'd stand no chance if this went to court but my point is surely there's nothing legally stopping my wife from agreeing with me and splitting the equity roughly on the lines I want? Let's say I aim high and say I want an 80:20 split in my favour because I've paid for everything. If she then fires back with a 60:40 counter-offer but we end up compromising down thby David Terry - UK Divorce Forum
Re: Splitting house equity - 1 year ago
>>I think the house equity should be more than a 50:50 split in my favour as I have always paid my wife's share of the mortgage (as well as all household bills). Do I stand a chance with this argument Absolutely no chance at all for the very good reason that contributions to a marriage are not limited to financial contributions. The law specifically recognises that other contributioby David Terry - UK Divorce Forum
Re: Its over....feedback - 1 year ago
>>BUT! Hire a barrister if you get to the final hearing. It does not have to be celebrity grade. I was looking into direct access barristers….around of slightly over £1000 for the day. I wish I had! It very likely would had saved me £50-75k I am sorry to say this was suggested to you several times and not only by me. Advocacy is a specialised skill. It is difficult to think on your feetby David Terry - UK Divorce Forum
Re: Judicial Reading - 1 year ago
It is when the judge reads the documents. It saves time if the judge has previously read everything. The judge doesn't need any help with reading.by David Terry - UK Divorce Forum
Re: Evidence - 1 year ago
This type of hearing is about being asked questions. Answering questions does not usually give much opportunity for rants. The judge will stop anything irrelevant whick looks like going on too long.by David Terry - UK Divorce Forum
Re: Final Hearing Tomorrow - 1 year ago
As a litigant in person the judge will help you so whatever you do be calm and polite with the judge. Obviously there is a limit to the help a judge can give because he/she must remain impartial as between you and your wife but so far as procedure is concerned the judge will try to assist you.by David Terry - UK Divorce Forum
Re: Court Bundle - 1 year ago
>>is it right for previous court orders to be included in the bundle? All court orders which relate to the case MUST be included in the bundle. If no agreement was reached at the FDR the court will have made directions. Those directions are not without prejudice and they never refer to anything which is without prejudice.by David Terry - UK Divorce Forum
Re: Witness Statement - 1 year ago
Do not approve their draft order. Tell them they should stick to the size of bundle directed by the court and you do not agree to the inclusion of irrelevant matter which is what relating to your son is. Under no circumstances should you approve their draft. You can and should object at the hearing if they attempt to exceed the bundle size and/or introduce irrelevant evidence.by David Terry - UK Divorce Forum
Re: Absolute decree for respondent - 1 year ago
>>divorce does not terminate the rights to a pension, with the exception of the widow's pension There is the prejudice .....by David Terry - UK Divorce Forum
Re: Spousal Maintenance - 1 year ago
Whether she is entitled to maintenance - even for a short time - depends upon whether she actually needs that maintenance and whether you can afford to pay.by David Terry - UK Divorce Forum
Re: Absolute decree for respondent - 1 year ago
Because there are pensions your wife can legitimately object to you obtaining decree absolute because she would suffer prejudice if decree absolute was granted before financial issues are formally and finally resolved. You would very likely lose your application and be ordered to pay your wife's costs.by David Terry - UK Divorce Forum
Re: Evidence - 1 year ago
A solicitor can only give advice. Clients can and do ignore advice. Also, it has to be said that sometimes it is not a solicitor who actually has conduct of a particular matter. Sometimes it may be someone quite junior or inexperienced.by David Terry - UK Divorce Forum
Re: Pensions - 1 year ago
>>Her solicitor wants me to pay her half the difference No. That is wrong. I am pretty sure that comes from your wife rather than her solicitor. £29K in a pension is not the same as £29K in cash and it should not be treated as such. In fact the value of these pensions and the difference between them is almost insignificant. If any adjustment is made in cash terms that adjustment should bby David Terry - UK Divorce Forum
Re: Evidence - 1 year ago
>>Is evidence (assuming it is relevant) permitted if it is taken from my private mobile phone, in a situation whereby I left my phone unattended and neglected to lock it? No, such evidence is not permitted (assuming it was a phone solely used by you and not used jointly with your wife). It is information to which you had the reasonable expectation of privacy. It is not information to whby David Terry - UK Divorce Forum
Re: Consent Order - 1 year ago
>>My main question is , the possessions and items I own in the house, what happens to them? Unless the issue of your possessions is dealt with specifically in the consent order the chances are that your wife will simply dump your stuff. It is your responsibility to see that does not happen by ensuring that the consent order deals explicitly with the issue. Like I said, your wife'sby David Terry - UK Divorce Forum
Re: Final Narrative Statement - 1 year ago
Absolutely not. If the judge at the final hearing were to have any knowledge of what passed at the FDR that judge would have to recuse him/herself and the hearing would be aborted. The person responsible - if one of the parties - would be ordered to pay the costs. The whole point of an FDR is that the entire proceedings are 'without prejudice' (unless agreement is actually reached).by David Terry - UK Divorce Forum
Re: Looks like it’s going to go to final hearing 
- 1 year ago
>>I am writing an email on behalf of my solicitor to go to the wife's. Don't do it. That way lies utter confusion. You have a solicitor. All correspondence like this should come from your solicitor. It is far too easy to get this wrong.by David Terry - UK Divorce Forum
Re: Looks like it’s going to go to final hearing - 1 year ago
>>Should we be putting forward an ‘open proposal’ or ‘proposals without prejudice’? Is there a difference Yes, there is a difference and either or both should be put through your solicitor. You could get into a hell of a mess if you emailed either the other side or the court direct. I once attended an FDR where we were putting forward reasonable proposals on behalf of the husband only foby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 1 year ago
For the record, I have deleted the last post by Randomer4040. I really can't see the point of a person endlessly repeating the same thing. I don't think it adds anything for anyone. This forum is about English divorce law. It is not about what a foreign national living in the UK thinks about one aspect of English divorce law - which is basically that he should be allowed to keep whatby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 1 year ago
>>They seem to think that the sensible rule of 5050 of post marriage asset only applies.<< No. YOU think that. In my experience most people think assets should be divided equally. Of course, the actual position is much more nuanced than that but people can't be expected to know the details without seeking advice. In practice there are many reasons why it may be appropriate toby David Terry - UK Divorce Forum
Re: Final FDR Cross Examination Questions - 1 year ago
>>So my question is just what direction should the cross examination take, in order to have the best possible chance of winning the favour of the court? << How can anyone here possibly know? Only you and your wife (and your wife's solicitors) will know what the issues are. In every divorce the issues are different. There isn't a one size fits all guide for cross examinatiby David Terry - UK Divorce Forum
Re: Court Bundle - 1 year ago
>>Does this mean, what I expect, that if they wanted to exceed te 500 page limit set by the court, they would have to apply (formally), clearly BEFORE the hearing (which is in 7 days), and I would be given an opportunity to raise objection before the court approves the request? I think that is what it says. << That is what it means, yes. Mind you, the words, 'they would have tby David Terry - UK Divorce Forum
Re: Form H - 1 year ago
The purpose of the Form H is so that both parties know how much the litigation is costing. Since those costs usually diminish what is available to divide both parties each side needs to know the other's costs as well as their own. Your wife's Form H is being sent to you for information purposes. You should also send yours to your wife's solicitor.by David Terry - UK Divorce Forum
Re: Final FDR Cross Examination Questions - 1 year ago
>>What am i actually trying to prove with my questions? Only you know the answer to that.by David Terry - UK Divorce Forum
Re: Final FDR Evidence - 1 year ago
Without seeing all the paperwork and seeing the context of that paperwork I don't think anyone can advise you step by step. One can only make general observations.by David Terry - UK Divorce Forum
Re: Court Bundle - 1 year ago
>>It was ordered at the most recent hearing.<< Then the court will have had a reason for making that direction and what your wife's solicitors are doing seems to be a flagrant disregard of that direction. You are right to object in the strongest terms and to make your objection known to your wife's solicitor and the court. Courts don't like having their directions igby David Terry - UK Divorce Forum
Re: Divorce proposed by my wife - 1 year ago
I think you will find that most people in England have a pretty good idea of how divorce law here works. The people who do not tend to be those from countries or cultures where things are decided differently. As to information pre-marriage, well, it is much like any important transaction. It is the responsibility of those entering into significant transactions to inform themselves as to thby David Terry - UK Divorce Forum
Re: Court Bundle - 1 year ago
>>The court previously ordered that the >1000 page bundle be reduced to a maximum of 500 pages. It rather depends when the court ordered this. If it was at the hearing immediately before the forthcoming hearing then you have a point. On the other hand if it was some time much earlier in the proceedings perhaps it has been superseded by later events. However, if it was the former tby David Terry - UK Divorce Forum