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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: Expected Financial Split? - 2 years ago
Only you and your wife can decide whether it is necessary to use an actuary. The value of the pensions here is such that whether you use an actuary is hardly compulsory. If you don't then any division of pensions would be more rough and ready but many people can accept that trade off when the pensions have this sort of value. If you do each decide to get an actuarial report it is customarby David Terry - UK Divorce Forum
Re: Forced ''marriage'' from 24 years ago - 2 years ago
Frankly, I doubt that you would like what you may be told. You have spoken to solicitors. It may be a good idea to listen to them.by David Terry - UK Divorce Forum
Re: Coming to the end of financial negotiations - 2 years ago
>>I now have it in writing from her solicitor (without prejudice) as I asked so many questions (which they wouldn’t answer) but they could no longer deny it. Remember that you cannot rely upon a document headed 'without prejudice' in evidence. Without prejudice documents can only be used in evidence if the without prejudice negotiation ultimately results in agreement. Obviouslyby David Terry - UK Divorce Forum
Re: Apply to Court to have order varied or dismissed - 2 years ago
Like I said, you should take advice before you do anything like this. If you don't you run the very real risk that your application might fail and that you would be ordered to pay your wife's legal costs in opposing your application.by David Terry - UK Divorce Forum
Re: Coming to the end of financial negotiations - 2 years ago
>>I just want to know if the courts would consider her mother’s capital in deciding whether the 70/30 (her way) split is fair.<< A lot depends upon the exact details of any situation. For instance, if one spouse cohabits then that cohabitation is usually relevant to their financial needs. Cohabitees can reasonably be expected to share outgoings such as food, housing costs, utilitieby David Terry - UK Divorce Forum
Re: Apply to Court to have order varied or dismissed - 2 years ago
Well, you could make such an application but there would need to be very good grounds for it otherwise you might be looking at the same outcome and another order for costs against you. It would therefore be unwise to make such an application without first taking proper legal advice about the likelihood of success.by David Terry - UK Divorce Forum
Re: Coming to the end of financial negotiations - 2 years ago
A court looks at the housing needs of BOTH parties and not just of one. Sometimes one spouse may actually need (and get) most of the avilable capital. For instance, where the husband is a very high earner, the wife has been a stay at home mother for years, there are dependent children and limited capital. However, most cases are not like that. In most cases the housing needs of both parties haveby David Terry - UK Divorce Forum
Re: Does the other parties legal team have a duty to inform other side if they in receipt of legal aid. - 2 years ago
>>Is that an requirement when court proceedings start or during voluntary disclosure also? When Legal Aid is granted notice should be served on the other side and on the court. I am not going to answer the remaining questions because I gave up doing legal aid work very many years ago.by David Terry - UK Divorce Forum
Re: Does the other parties legal team have a duty to inform other side if they in receipt of legal aid. - 2 years ago
Notice of issue of legal aid must be served on the other side to the litigation. That is because costs cannot be claimed againist a litigant who is legally aided which is obviously relevant to the other party.by David Terry - UK Divorce Forum
Re: Advice and help needed, wife lying on voluntary disclosure please read - 2 years ago
>>Do you suggest i provide my personal bank account statements ? That depends upon whether a court has directed financial disclosure or whether any disclosure is only voluntary. If a court has directed it then you should provide disclosure. If it is just voluntary you have to ask yourself whether there is any point to that if it is not to be reciprocal.by David Terry - UK Divorce Forum
Re: Ex threatening to stop paying mortgage & bills against consent order - 2 years ago
>>Could I apply to the Court with the updated valuations from the court appointed estate agents to prove the value in the original consent order is no longer valid & that I am offering the Ex market value to buy her out & see if the Ex can be somehow be ordered by the Court to accept my reasonable buy out offer?<< Yes. Provided you have proper valuation evidence it would beby David Terry - UK Divorce Forum
Re: Advice and help needed, wife lying on voluntary disclosure please read - 2 years ago
If you have supplied the documentation for the car then it is what it is regardless of what her solicitor says. Disclosure is normally for a period of the last 12 months. People have to justify going further back.by David Terry - UK Divorce Forum
Re: Ex threatening to stop paying mortgage & bills against consent order - 2 years ago
>>Do you know if the Ex is entitled to bring in a lodger against the co-owners (my) wishes? It depends what the court order says but it seems unlikely. In any case, bearing in mind that you live there how would it be possible to instal a lodger against your wishes? A lodger would require exclusive possession of at least one room and if you deny that what lodger in their right senses woulby David Terry - UK Divorce Forum
Re: Threatening options............ - 2 years ago
>> Is it true that the property left to me by my mother would not be included in the settlement, and would be classed as non-marital ?<< It is true that it is probably non-matrimonial (depending, among other things, upon what has been happening to the rent and whether your wife has ever had any interest in the property such as visiting for holidays). Whether it should be included iby David Terry - UK Divorce Forum
Re: Barrister has been cc into all email correspondence for 5 months - 2 years ago
>>1. Is this allowed ? 2. Is this cost building ? 3. Is this a breach of my confidentiality ? 4. Has her solicitor broken the SRA code of conduct ?<<< I am not going to answer the above questions. >>If this is allowed: 5. Am I allowed to “cc” my financial advisor into all future correspondence ? 6. Would I be allowed to have my financial advisor present in courtby David Terry - UK Divorce Forum
Re: Ex threatening to stop paying mortgage & bills against consent order - 2 years ago
If there is a court order in place that court order determines who pays what until the house is sold and what the mechanism for sale is to be. It is not for one party to unilaterally change what was ordered. If the order was properly drafted there will be a clause which grants 'liberty to apply'. That means in the event of a dispute about applying the order either party can bring that iby David Terry - UK Divorce Forum
Re: Threatening options............ - 2 years 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 likeby David Terry - UK Divorce Forum
Re: Proceeds of house - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 claiby David Terry - UK Divorce Forum
Re: Claiming my full costs from being accused Of Non Molestation - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 - 2 years 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 needby 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 - 2 years 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 - 2 years 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 normallby David Terry - UK Divorce Forum
Re: Advice and help needed, wife lying on voluntary disclosure please read - 2 years 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 - 2 years 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 whichby David Terry - UK Divorce Forum