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        <title>UK Divorce Forum</title>
        <description>Divorce in England - advice, comments, experiences, opinions and discussion about divorce related issues . The links on the left lead to basic information about most common divorce questions. The information opens in a separate window. You can use the search function to search the forum.</description>
        <link>http://www.terry.co.uk/forum/index.php</link>
        <lastBuildDate>Thu, 17 May 2012 17:41:18 +0100</lastBuildDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19603,19603#msg-19603</guid>
            <title>Grown up children (no replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19603,19603#msg-19603</link>
            <description><![CDATA[ Hi,<br />
<br />
I have been separated for 10 yrs and just received my decree nisi. My husband is the petitioner. My solicitor is making feel really worried as she says that a judge will just say...kids are over 18, you're working and he's working.<br />
However the kids were all schoolage when he left, I have 2 still at university , living at home. I used to work part time but had to work full time to support the famuli.<br />
He did pay some maintainance when he first left but he has not paid anything in approx 5yrs.  There is a house with a £140,000 mortgage, an outstanding £7,000 loan. <br />
My solicitor said this would be split 50/50, including the debt....<br />
<br />
He has just moved into a new house ( says its in his partners name).<br />
<br />
Feel like I'm being shafted!! :-(]]></description>
            <dc:creator>cathymac</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 17 May 2012 16:59:57 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19599,19599#msg-19599</guid>
            <title>Pensions (2 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19599,19599#msg-19599</link>
            <description><![CDATA[ My stbx has two pensions whereas I have none. My solicitor has advised me that if I take cash instead of pension share, I would expect to receive approx 25%. Can you tell me if this would be 25% of the total pension pot or 25% of 'my share'.  We have been married for 32 years. Any advice gratefully received.]]></description>
            <dc:creator>Easteregg</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 17 May 2012 17:18:25 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19594,19594#msg-19594</guid>
            <title>what defines a  &quot;need&quot;? (4 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19594,19594#msg-19594</link>
            <description><![CDATA[ Recieved STBX's Form E today ( a month after i sent her solicitor mine, but hey)...<br />
<br />
She has stated that her outgoings are approx 2300 a month ( she earns about 800, plus 700 in benefits, plus my 350 voluntary maintainance). <br />
<br />
However, much of these costs ( a good £600's worth) is things like hair, clothing, car maintainance costs ( £60 a month on average for mot's/servicing - must be using a rolls royce garage!), gym fee's, food for her ( not my daughter i add - that is a separate section)  etc. Basically, what i would consider to be not essential for my daughter. <br />
<br />
Will &quot; wants&quot; and &quot; needs&quot; be taken into account by the court? I earn about 1900 per month, so cannot afford to pay more than i do at present when i take into account my own essential living costs. <br />
<br />
I am happy to contribute to my daughters wellbeing, and keep a roof over her head so that she can continue to attend the same playschool, stay in same home etc - however, i will be a bit miffed to say the least if a court decides that I am to pay for my ex-wifes highlights, main dealership car services and heels!]]></description>
            <dc:creator>zqo93w</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 17 May 2012 15:14:54 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19587,19587#msg-19587</guid>
            <title>without prejudice offer (1 reply)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19587,19587#msg-19587</link>
            <description><![CDATA[ Hi can anyone tell me if a &quot;without prejudice&quot; offer in relation to Ancillary relief can be retracted after the other party has accepted?<br />
The case has not reached the court process as yet, the offer was made via each other's solicitors.<br />
<br />
Thank you]]></description>
            <dc:creator>jerseyberry</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 17 May 2012 09:52:03 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19586,19586#msg-19586</guid>
            <title>Spouse Maintenance (2 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19586,19586#msg-19586</link>
            <description><![CDATA[ Please can anyone advise me on spouse maintenance. I have asked my solicitor to apply to the court asap for SM, due to the fact that I am struggling to live. How will he approach this with the court? What is the procedure as I feel he is trying to leave it until the 1st financial hearing in June, but I need money to live. We were married 33 years, two children who have left the nest, and we are currently at divorce nisi, awaiting court hearing.He earns a very good wage,  He has stalled at every stage and delayed things as much as possible as he knows I am struggling and therefore wants me to settle quicker and have less in the settlement. Thank you so much.]]></description>
            <dc:creator>Easteregg</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Wed, 16 May 2012 21:48:12 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19581,19581#msg-19581</guid>
            <title>So what's next (3 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19581,19581#msg-19581</link>
            <description><![CDATA[ My wife and I have come to a verble agreement regarding her buying me out, maintenance money etc. She's made another appointment with mortgage adviser to draw up papers to remove me off the mortgage, but what do I need to do before I sign? <br />
Do I make an appointment with solicitor to draw up papers to legalize our verbals and get them sent to her?<br />
Apologies if this sounds a blonde question but less than au feit with the scenario I'm in]]></description>
            <dc:creator>KAL</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Wed, 16 May 2012 14:54:23 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19575,19575#msg-19575</guid>
            <title>Husband has vanished before the process has even begun (1 reply)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19575,19575#msg-19575</link>
            <description><![CDATA[ Hello all. <br />
<br />
My husband left me little over 2 years ago for a woman that he works with. A year and a half ago he agreed to start divorce proceedings, as I am on no income and have been signed off work for the past year due to a disability, whereas he is working full time and has a reasonably well paid job. After 6 months of him doing nothing I began to pester him regarding the divorce, stating that I would start proceedings myself if necessary, perhaps even get a loan if need be. He has fobbed me off for a year now, making excuses of money troubles and saying he could not find the marriage certificate, etc. So I purchased a copy of our marriage certificate, which I delivered to him myself. He said he started the proceedings several months ago now, and I have heard nothing. <br />
<br />
I can only assume this is another attempt to fob me off. I have had enough now and wish to start things myself, however he has been clever in that I only have a contact number and email address for him. He has been ignoring my calls and emails for several months now, and I have no idea where he lives, as he has recently moved without leaving a forwarding address. I am stuck. I have no way of contacting him, and I cannot fill in the forms if I have no address for him. Also I cannot afford legal aid to track him down. And even if I do find him, I am pretty certain he will not fill in the forms and send them back.<br />
<br />
I fear I will be married to this scumbag forever. What on earth should I do?]]></description>
            <dc:creator>Pineapple</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Tue, 15 May 2012 17:30:02 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19571,19571#msg-19571</guid>
            <title>Consent Order (7 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19571,19571#msg-19571</link>
            <description><![CDATA[ Nearly there now. Sol has sent me draft consent order for approval. There are items I am not sure of and having spoken to my solicitor I am still unsure....any advice appreciated:<br />
1. There is a clause which says stbx should pay 25% of buildings insurance, as well as 25% of any structural repairs to house (he gets 25% of equity when youngest 18 as part of mesher) Sol says this is normal - is it?<br />
<br />
2. There is a clause which says when house sold, stbx portion should be reduced by 25% of all capital repayments made by me during period between divorce and sale, as I am paying mortgage. Again sol says this is standard - is it?<br />
<br />
3. Finally, there is a clause which says if I make a csa claim, stbx will not have to pay that as well as sums under consent order. I am fine with that - but shouldn't there also be a clause which says if he makes a claim under csa then he still has to pay the balance of the global maintenance agreed in consent order? <br />
<br />
Many thanks.]]></description>
            <dc:creator>MacG1</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Tue, 15 May 2012 19:17:58 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19539,19539#msg-19539</guid>
            <title>3 weeks to go... Mrs Nasty has still not fully disclosed (6 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19539,19539#msg-19539</link>
            <description><![CDATA[ Just 3 weeks until the final hearing and Mrs Nasty has not submitted details of the inheritance (her Mum passed away a couple of months ago) nor has she submitted info about her advertising the marital home for rental - legally I am still  a joint owner of this and have not been consulted about renting it out. For 2 and half years I've been offering her to have all assets, money and house in exchange for a clean break and for me to be taken off the mortgage. No this not enough for the greedy cow.... I am now broke and my fiancée has paid a lot of the legal fees. No one can understand the woman other than she must be SO bitter that she gets a kick from her hobby of messing me about.<br />
<br />
She has pushed it all the way to a final hearing, she is the petitioner, she is not playing ball. Nothing seems to happen so does it all happen the week of the hearing? How long before I need to ask the judge to postpone the hearing because Mrs Nasty has not provided full details of her financial position? Surely she will be absolutely slated by  a judge for this game?<br />
<br />
It is disgusting that the evil witch can get away with putting me through this for the best part of 3 years and then mess about near the final hearing. I am so SO sick of this. :(]]></description>
            <dc:creator>Monkey</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 17 May 2012 17:27:40 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19538,19538#msg-19538</guid>
            <title>Advice please! 3year separation, imbalance in income (5 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19538,19538#msg-19538</link>
            <description><![CDATA[ Snapshot:<br />
<br />
Separated 3 years ago after 10 years marriage, no children. Only contentious point of financial division is marital home, in which neither of us now live. House on market for two years at ever decreasing price but still not sold (extremely unwanted location). Chances of reaching agreement are nil (three years of mediation &amp; negotiation failed), so we'll need to have a court order for sale &amp; division.<br />
<br />
Detail:<br />
<br />
When we separated, I was unemployed (I had to leave job to leave area), STBX was working full-time in lucrative position. Over the course of three years, circumstances have completely reversed through choice. I am now working full-time, STBX has no income as a mature student.<br />
<br />
Question:<br />
<br />
If I started divorce &amp; financial proceedings now, the implication (from reading forms &amp; guidance) is that they will only look at the immediately preceding 12 months of income/accounts. I'm worrying that it puts STBX in a much stronger position because he has no income at all <u>through his own choice</u>. In another year or two's time, he'll presumably be on even higher earnings due to his additional studies. But right now, he's got low (no) income and I am doing quite well for myself.<br />
<br />
Is my fear justified? How do I ensure the court looks at income over the three years of our separation, not just now, and maybe even future earnings potential?<br />
<br />
I'd like to do this as LIP if possible, I've already spent a fortune on trying to reach agreement over the last three years and I doubt I can be awarded any costs in respect of that.<br />
<br />
Thanks!]]></description>
            <dc:creator>Squiffy</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Mon, 14 May 2012 09:58:33 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19513,19513#msg-19513</guid>
            <title>re married but lost all CTC, no maintenance paid for my daugther (no replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19513,19513#msg-19513</link>
            <description><![CDATA[ please advise... this can't be fair! i divorced my ex husband March last year. He is a self employed builder who agreed to pay me £60 a week child maintenance for our 16 daughter. He did pay for a couple of weeks but soon stopped paying me anything claiming he didn't have any work. I started a claim with the CSA, who came back and said that he only had to pay me £24 as he was claiming that his earnings were £789 per month. I knew at that time it was a complete fabrication as his rent was £720 per month and also he had bought me a car the year before on finance ( which he took when he left the marital home) the payments for the car were and still are £270 per month. I did mention this to the CSA but all they could suggest was that I report him to the Inland Revenue. So for me the CSA really didn't help at all and i rejected my ex's measly £24 a week.I did his books so I knew exactly what he earn't but unfortunately he took all his books with him, he obviously 'cooked his books'! Do I report him or let it go? Also I have just recently re-married to a guy that has just gone through a divorce. Up until the day we got married, I got £217 per month tax credits, but I was informed yesterday that i have lost all the CTC as my new husband earns too much- £100,000 per annum..... unfortunately out of his salary he gives his  Ex wife 50% of this...but because the income that he gives her has already been taxed, it is not classed as her income, she gets full tax credits.... this just does not seem fair, she lives in a 7 bedroom house, has 10 acres, 4 horses, goes hunting 3/4 times a week,drives a fancy car...their children are all at private school ( paid for from a trust fund set up from the equity from sale of marital home), 2 of which board during the week.... whilst we have lost all my CTC'S live in a teeny 3 bed terrace ( that his ex describes a rabbit cage, or tiny box!). Is there anything we can do? My husband has 3 children and I have 2 daughters one being 19 and the other 16 who are both living with us in our rented rabbit cage! my new husband does not have a court order in place and at present his ex has a minimum net income of £54,259.92, this is made up from his contributions and benefits plus a £12,000 from her business ( she could earn more) and his net income is £33,600.00. Can he stop his spousal maintenance? he currently gives her £16,000 per annum for this. The lifestyle that they had when together accrued a lot of debts and they were living way beyond their needs or means. Sorry for the long post but so many questions, just want some advice please......]]></description>
            <dc:creator>benson</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sat, 12 May 2012 13:28:08 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19507,19507#msg-19507</guid>
            <title>Ex dragging feet (3 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19507,19507#msg-19507</link>
            <description><![CDATA[ Hello everybody,<br />
<br />
We've been separated since Sept 2010. She said she is in the &quot;process&quot; of divorcing me. I don't care what she puts for unreasonable behaviour, even though it was she who was adulterous in 2009. I just want to be able to marry my lovely girlfriend. :)<br />
<br />
I got a mediation letter last year and went to that initial chat.<br />
<br />
Since then, absolutely nothing has happened.<br />
<br />
I have written to her lawyer asking what's going on but heard nothing back.<br />
<br />
Me, I think she has no intention of doing anything. She gets legal aid, I get bog all, obviously.<br />
<br />
So, do I stump up the money and divorce her, or give her an ultimatum? If I do divorce her, does that mean I need to go through mediation AGAIN? Or can I use the already mediated thingy already done?<br />
<br />
My plan is to tell her tomorrow that unless I hear from the court by the end of this month, I will divorce her. <br />
<br />
Is that reasonable?<br />
<br />
Maybe I should just get in first..... so I can be in the driving seat.<br />
<br />
What's your thoughts?]]></description>
            <dc:creator>colster</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Fri, 11 May 2012 22:15:26 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19490,19490#msg-19490</guid>
            <title>Mediation (19 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19490,19490#msg-19490</link>
            <description><![CDATA[ Hello All, <br />
<br />
After trying to sort out the finances with my ex-wife for over 2 years now (!), she has come back and said that I am lying about what I have! Which by the way I am not, I had £10K in a Football Fund, which was fraudulently spent by the crook running it and there is now a police investigation into this, which I have told her solicitor about 10 times now, and she could easily phone up the Detective and ask him, but again in a letter we received yesterday she said that I could still have the money or I have just spent it! We are going to enter into Mediation as it is getting ridiculous. <br />
<br />
I was wondering what happens at Mediation, all the websites i have looked at are very informative, but they dont tell me what is actually taken into consideration. <br />
<br />
Her solicitor keeps saying that our caseis not an income based case (she earns £70K a year, I earn £40K a year), but this has never been explained to us, surely you have to look at ALL assets when financially seperating? She earns more, has £40K equity in one of the houses,which she rents out and makes £7500 a year on, has £10K savings, a £4K car, £10-20K Jewellery and no debts. I have £80K equity, and £5k in debts, no savings, no car, no jewellery (i could sell!), and she wants £30K from me.....<br />
<br />
Please advise!]]></description>
            <dc:creator>369</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Mon, 14 May 2012 16:10:36 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19483,19483#msg-19483</guid>
            <title>Decree nisi (4 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19483,19483#msg-19483</link>
            <description><![CDATA[ Hi, I have just received my application for decree nisi to be made absolute, will my ex have been informed of this too?<br />
Also, when does the judge make his decsion on the house/finances,and when will my ex know of that?<br />
The ex has buried his head in the sand all the way thru this divorce,he has sought no advice for himself.My sol wrote him a few times for a financial statement,bank statements and the like,and what he wants to happen to the house.He ignored all this,and the offer of mediation.<br />
I know I can ask my sol this,but a bit flustered at getting the letter.]]></description>
            <dc:creator>moonmadness</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Fri, 11 May 2012 14:02:17 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19482,19482#msg-19482</guid>
            <title>Moving back in - nightmare scenario (10 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19482,19482#msg-19482</link>
            <description><![CDATA[ Hi guys<br />
<br />
This is a long story for which I apologise in advance, but please bear with me. I feel I need to relate all the details to put the question into context.<br />
<br />
In January 2010 my wife of 27 years decided she'd rather live with someone else, a man she'd apparently been in a relationship with for a while, and moved out of the family home. I have two girls, now aged 17 (still in full time education) and 12, who both live with me and have done since my wife walked out, although they see their mother regularly (she lives in a one bedroom flat a mile or two away). There was no violence in the relationship or anything like that - she just decided she'd rather live with him and wrote off 27 years as if it had never happened.<br />
<br />
Once she'd moved into her flat he proceeded to leave his wife and moved in with her - that was nearly two and a half years ago. Since then, he has moved out and gone back to his wife/ex-wife (they are now divorced) on at least four occasions. Currently, he lives alone in a four bedroom house about ten miles away having sold his matrimonial home following the divorce and splitting the proceeds with his ex-wife. My wife still lives in her one bedroom flat, although she is still in regular contact with her “boyfriend” (they also work together). <br />
<br />
My wife served me with a divorce petition in 2010 for &quot;unreasonable behaviour&quot;. On the advice of my solicitor I signed this, for the purposes of expediency, although I commented on the document that I admitted none of the allegations she had made. I wanted to cross petition for adultery but was advised this was pointless. My wife has not applied for the decree absolute, which she could have done since August last year, because she says she wants a financial settlement before making the divorce final. There can be no financial settlement for reasons I'll explain below, so once the LSC have finished dragging their feet and I get legal aid, I'll be applying for the absolute.<br />
<br />
We both work part-time - my wife because that's what she's done since the kids were born and myself because I took redundancy in 2009 to buy a franchise, which never made me a penny and has now gone, and I took a part-time job whilst running the franchise to &quot;tide me over&quot;. I'm 60 this year and under no illusions that I can find a full-time job, although I have some self employed options on the back burner. At the moment, I receive the child allowance for both girls and child and working tax credits, but my income is slightly below my outgoings and the credit cards are taking a hammering. <br />
<br />
There is very little equity in the house, and I pay the mortgage interest only, so eventually I’ll lose it. This is why there can be no financial settlement as, quite simply, there is no money. I will not sell the house as it is the girls’ home and they are happy here. <br />
<br />
My wife informed me a month or so back that she is moving back in whilst the divorce is “finalised”. There is no suggestion of reconciliation, and there could never be – but she thinks if she moves back in I’ll have to make some sort of financial settlement. Basically, she’s moving back in to try and force me to sell the house so that she can get her half share (of next to nothing) and/or so that she can apply for custody of the girls. There is no room for her here – I have no spare room – and the girls have told her that they don’t want her moving back in. This is about money – she wants the child allowance and tax credits, and if that makes us all homeless, so be it. She has never made any maintenance payments, and I haven’t pushed the matter as she has no money anyway. <br />
<br />
That’s it in a nutshell. My question is, given the following:<br />
<br />
1. She’s been away from the matrimonial home for nearly two and a half years, but she still has a half share in the property.<br />
<br />
2. The girls do not want her to have custody<br />
<br />
3. The girls do not want her moving back in, although they’re happy to continue to see her regularly under the same arrangements as at present.<br />
<br />
4. Her moving back in will be nothing short of a disaster, and hugely disruptive for the children.<br />
<br />
5. If I’m forced to sell the house we’ll both be living in, at best, two bedroom rented flats which is hardly in the girls’ best interests.<br />
<br />
Is there anything at all that I can do to stop her moving back in? My solicitor won’t talk to me at the moment as I’m still waiting for legal aid to be granted, but I get the impression that, unless there has been violence involved, there is nothing I can do.<br />
<br />
Sincere apologies for the length of this post guys, but I thought it important to get all the relevant detail down. Hopefully someone can give me some hope!<br />
<br />
Doug]]></description>
            <dc:creator>namregd</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Fri, 11 May 2012 15:31:45 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19479,19479#msg-19479</guid>
            <title>FMH (7 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19479,19479#msg-19479</link>
            <description><![CDATA[ Hi,<br />
<br />
I have a charge on my property under FMH and about to go first hearing. I have been stupid to take additional borrowing on my FMH during the process of Divorce and now regreting as I have been told that it was a blunder. Is that right ?<br />
I took it as it was on a very low rate to pay my C Cards and to pay debts overseas. Is this going to create a problem in Anciliary relief proceedings? I am happy to accept in front of judge that its my fault and it can be counted in Financial contribution.<br />
<br />
advice please.<br />
<br />
thnx]]></description>
            <dc:creator>Groovy</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Mon, 14 May 2012 10:03:46 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19472,19472#msg-19472</guid>
            <title>Decree Absolute and Clean Break (7 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19472,19472#msg-19472</link>
            <description><![CDATA[ Hello Everyone,<br />
<br />
Just wanted to ask if anyone knows if there are substantial benefits in doing clean break before decree absolute is issued in a situation where petitioner hasn't applied on petition for financial order, i.e. financial order section of the petition was left blank.<br />
<br />
Divorce is based on 2 years separation with consent. We are quite young, have no kids or property.<br />
<br />
Thank you very much for reading this.]]></description>
            <dc:creator>Newuser15</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sun, 13 May 2012 00:19:22 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19466,19466#msg-19466</guid>
            <title>Does her offer sound fair? (7 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19466,19466#msg-19466</link>
            <description><![CDATA[ Hi there<br />
 <br />
Am looking for advice with regards to the terms being offered to me by my wife in our separation/divorce. I'm 40 years old and and she is 39.<br />
 <br />
I earn £32,000 working full time, and she earns aprox £25,000 working 30 hour week, though has the option to work extra hours overtime which she occasionally does.<br />
 <br />
We have one dependent son who's 13 years of age, who will spend equal time with us both, though she will be the one to buy his clothing etc (will ask question later regarding maintenance payments).<br />
 <br />
The offer she's put to me is she keeps the house and pays me £42,000 which is a tad over 40% of the equity. If I agree she won't go after my pension, to which I've been paying into for 22 years (she has no pension), I get to keep my car which is worth aprox £8,000, her's is worth around £2,000.<br />
 <br />
No agreement has been made yet regarding the house contents, but if she's being reasonable then I'm willing to leave everything behind as the least disruption to my son the better.<br />
 <br />
As for maintenance money, how much should I be looking to pay her per calendar month? Baring in mind me and him are very close so will be staying with me 2/3 nights a week too.<br />
 <br />
We have aprox £4,000 in savings between us, do we get half each?<br />
 <br />
I will also need the money before I can look to buy somewhere of my own, so if we agree and get this signed in a binding contract, how long am I looking at before the money would be released?<br />
 <br />
Any advice you can give me will be gratefully received.<br />
 <br />
Thanks in advance]]></description>
            <dc:creator>KAL</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sun, 13 May 2012 11:20:33 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19457,19457#msg-19457</guid>
            <title>Is it possible to apply for Non Molestation after Decree Absolute? (10 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19457,19457#msg-19457</link>
            <description><![CDATA[ Hello there,<br />
<br />
I am due today to apply for my Decree Absolute. However, during the past 6 weeks, all attempts and mediation has been futile. My ex has been advised by the mediator that:-<br />
<br />
<i>It is now for me to issue documents for the use of the Legal Services Commission to say you were &quot;Not willing&quot; to comply with the <br />
 Court of Appeal Practice Direction of 6th April 2011 and to advise that you did not keep your appointment. Costs may eventually be considered by the presiding judge in the light of your refusal to attend mediation. He may also consider with your representative whether you should try to resolve the matter/s through mediation.</i><br />
<br />
as I have been attempting to resolve financial issues through a clean break. My ex is being uncooperative and is barrating the Home Office, Police UKBA to try and have me deported as revenge. (He has been imprisoned previously for flouting restraining orders)<br />
<br />
I have been advised by the Police to seek a civil non-molestation order as it covers more grounds than the restraining orders that the police / Court had on my behalf. <br />
<br />
Question<br />
<br />
Do I apply for the decree absolute at the same time as the non-molestation order?<br />
Can I apply for the non molestation order AFTER the decree absolute being granted?<br />
Can I still resolve ancillary relief after the decree absolute being granted or should I go seek a solicitor to tie those loose ends up now and then let them take the reigns from there?]]></description>
            <dc:creator>kitten</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 10 May 2012 16:50:33 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19446,19446#msg-19446</guid>
            <title>A litigant in person.... (7 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19446,19446#msg-19446</link>
            <description><![CDATA[ has a fool for a client.<br />
<br />
Can DT block a certain new poster - and the blatant advertising of his/her own services.....?????<br />
<br />
I question the advice being given too.]]></description>
            <dc:creator>cobra</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sun, 13 May 2012 08:52:49 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19445,19445#msg-19445</guid>
            <title>Is there a time limit on unreasonable behaviour (6 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19445,19445#msg-19445</link>
            <description><![CDATA[ Is there a time limit on unreasonable behaviour - for instance if you separate for a year, can you then divorse on the grounds of unreasonable behaviour?]]></description>
            <dc:creator>taylorda52</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sun, 13 May 2012 00:40:29 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19432,19432#msg-19432</guid>
            <title>stbx has properties overseas (8 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19432,19432#msg-19432</link>
            <description><![CDATA[ Hi All,<br />
<br />
Can someone advice me that properties overseas come under jurisdiction of British courts for the purpose of Financial settlements...My stbx has four properties overseas but none in UK .... its time for exchange of Forms E ...<br />
<br />
 my question is:<br />
<br />
Can the British courts  order for settlements of overseas properties or proceeds of the properties recently sold - in Financial settlement orders???? <br />
<br />
PS  i am representing myself ...cant afford a solicitor :(]]></description>
            <dc:creator>Hubbiten1</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Thu, 17 May 2012 08:47:15 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19420,19420#msg-19420</guid>
            <title>Right in relation to living arrangement (1 reply)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19420,19420#msg-19420</link>
            <description><![CDATA[ I have been married for 11 years and my husband found a series of  emails between my friend and myself regarding someone I had met and cheated with. He has threatened to throw me out the house, which I pay a large chunk of the mortgage for.  Can he do this, what are my rights?]]></description>
            <dc:creator>Maz</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Tue, 08 May 2012 18:28:16 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19419,19419#msg-19419</guid>
            <title>non compliance court order (4 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19419,19419#msg-19419</link>
            <description><![CDATA[ Ill try and be brief....my ex wife and I got court order for divorce....<br />
The Family home was suppose to be signed over to me 30 days after order  however she didn't as her solicitor adviced against it (I don't know why)<br />
I paid her agreed maintenance of £1600 per month for 5 months but lost my job...I didn't apply to vary it just stopped for a year.  Then I found a job but for a lot less money and now pay her £500 per month....she says she is struggling with this amount...<br />
She is now taking me to court for non payment of maintenance.....but surely she didn't comply in the first place with not signing over house to me.<br />
Can I when we go to court put all the costs on to her for non compliance...or what should  I do to stop this going to court if it doesn't come out in my favour?]]></description>
            <dc:creator>madjon</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Wed, 09 May 2012 10:15:18 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19411,19411#msg-19411</guid>
            <title>DIVORCE FROM ABROAD (5 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19411,19411#msg-19411</link>
            <description><![CDATA[ I am British and met and married my British Wife whilst living abroad ten years ago.<br />
<br />
Since our separation four years ago she moved back to the UK whilst I continued living in our overseas home and continuing to pay the mortgage in full whilst trying to sell.<br />
<br />
She applied for the Decree Nisi in April 2011 but refused to sign the Absolute as financial matters hadn't been resolved.  She is entitled to 50% of the equity of the house but says she will not allow the Absolute to be issued until I pay her a cash lump sum of £250,000 which I am unable to do until such time as the house is sold which may take years.<br />
<br />
Does the Decree Nisi have a time limit until it expires and can I obtain it without her consent as she was the original Petitioner or do I have to start with another application as me as the Petitioner?<br />
<br />
Any advice would be greatly appreciated.<br />
<br />
Thank you!]]></description>
            <dc:creator>Overseas Mike</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Tue, 08 May 2012 18:22:39 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19389,19389#msg-19389</guid>
            <title>form e (2 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19389,19389#msg-19389</link>
            <description><![CDATA[ can anyone help me her ,on the savings part,i am a trustee on some savings my daughter has from her mother passing away when she was a child,do i have to include this,obviously it is not my money ,but my name appears on the account as a trustee]]></description>
            <dc:creator>quinnster</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Tue, 08 May 2012 19:50:11 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19382,19382#msg-19382</guid>
            <title>Marriage of 2.5 years, no kids, no property, tiny savings. (12 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19382,19382#msg-19382</link>
            <description><![CDATA[ I want to divorce my wife who walked out on our marriage and was and is committing adultery. <br />
We were together for 15 years, married for the last 2 1/2 years. <br />
Everything was fine, we were going to try for kids and then she walks out and into the arms of another man.<br />
Life has been torpedoed. I was hoping for a reconciliation right up until I found 100% proof of cheating.<br />
Now I want a divorce.<br />
<br />
My main concern is spousal maintenance. I do not want to be paying it to a wife who walked out on me and committed adultery.<br />
I have always supported her throughout the marriage financially as she wanted to be an artist and as such never worked. Towards<br />
the latter stages of the marriage she trained to be a yoga teacher. <br />
<br />
Due to the fact that it was a short marriage, no kids, no joint accounts, no property together, both now living with parents, very little savings due to her not working and me paying all bills.....should I be worried about being tied to her financially though maintenace payment.<br />
<br />
I am going to meet with her this week to discuss divorcing her. Ideally would like to say I am divorcing you for adultery, I have proof..please sign this confession statement and the papers when served on you. She will probably deny everything and anything. However, as she is currently acting strangely and erratically my solicitor suggests serving on grounds of unreasonable behaviour Again  this will also raise her hackles and make her uncooperative towards a clean and amicable split. <br />
<br />
I am not sure how to play this one. I would love to be honest and lay all my card on the table but this might not be the best way to achieve the overall goal of a clean, cheap, uncontested, quick &amp; amicable divorce where we both leave with only what we brought in.<br />
Maybe through an online managed divorce to keep costs down.<br />
<br />
Any suggestions very welcome &amp; quickly if you can. My head is spinning.]]></description>
            <dc:creator>AnAngryHorse</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sat, 12 May 2012 21:03:22 +0100</pubDate>
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            <guid>http://www.terry.co.uk/forum/read.php?2,19376,19376#msg-19376</guid>
            <title>Can Mrs Nasty do this??? (3 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19376,19376#msg-19376</link>
            <description><![CDATA[ Ex wife is now adverting the FMH home for rent.... can she do this without my consent? She won't release me from ownership of it without me being dragged through a final hearing but she wants total control of what she does with it!<br />
She has not declared this income in her disclosure. <br />
Of course she has another property to live in now her Mum has passed away....... she is quids in but has not divulged any details to my solicitor (or possibly her own)]]></description>
            <dc:creator>Monkey</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Tue, 08 May 2012 20:03:35 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19375,19375#msg-19375</guid>
            <title>Could I have to leave? (3 replies)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19375,19375#msg-19375</link>
            <description><![CDATA[ Hello<br />
<br />
Brief summary of situation: wife left house after 5 year marriage, now rents. I live with our 2 kids (6 and 18 months) and she pays no maintenance. We have similar salaries and pensions. House has nominal equity. If she decided that she doesn't want to rent anymore and wants back into the house, I am guessing that I wouldn't be able to prevent this? I am also guessing that, from reading on the site, that should she do that and then decide she wants a divorce, prior history (i.e: the above) would count for nothing?<br />
<br />
Thanks]]></description>
            <dc:creator>chris</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sun, 06 May 2012 15:41:33 +0100</pubDate>
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        <item>
            <guid>http://www.terry.co.uk/forum/read.php?2,19373,19373#msg-19373</guid>
            <title>final order (selling fmh) (1 reply)</title>
            <link>http://www.terry.co.uk/forum/read.php?2,19373,19373#msg-19373</link>
            <description><![CDATA[ hi there i hope someone can help me.:)<br />
<br />
i have a court order that states the fmh is to be put on the market for sale as of 13 april 2013, my ex is telling me that he has no intention of putting the house up for sale and he will make it as difficult as possible for the house to be sold, neither of us have a solicitor working for us now, and to be honest i have no funds left to get a solicitor invovled again,so im just wondering how i go about making sure the order is put in place, and if there is anything i can do to make sure the ex does not do anything to make selling the house difficult.<br />
<br />
thank you in advance x]]></description>
            <dc:creator>justnotfair</dc:creator>
            <category>UK Divorce Forum</category>
            <pubDate>Sun, 06 May 2012 10:08:49 +0100</pubDate>
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