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History: Home UK Divorce Forum
Topic:
HOW LONG DOES IT TAKE (4 Posts)
Started By:
Date:
05 November, 2009 04:25PM
HOW LONG DOES IT TAKE
gord6966 - 05 November, 2009 04:25PM
I have been at this for 12 months why? because people are in this to make money. There are no children involved, no one is ill Decree Nisi issued in April 09 we are using the court process, which takes a lot of time. In the mean time I am on a goodish pension and she has never worked, her son is living in the house and earns 2K a month and pays nothing. The court has made me pay ALL the bills in the house and provide a car plus insurance, tax, maintenance. I also have to pay her maintenance on the first of each month. So I eat into my savings she has £530 to spend on herself. Of course she get legal aid. Do I need a new solicitor? It has cost me 8k so far.
Re: HOW LONG DOES IT TAKE
davidterry - 06 November, 2009 09:27AM
Well, the reason you have to maintain your wife is because she has never worked and therefore she is financially dependent upon you. That was clearly the arrangement in your marriage. Now that you are seeking a divorce you can obviously still afford to maintain your wife and that is why the court has ordered that you do so until financial issues between you are finally settled once for all. Her son is not obliged to support his mother. You are her husband. It may be that if the final result is that she remains in the house a court may well think it reasonable that her son should pay her rent but in terms of maintaining your wife until financial issues are settled that is your responsibility. That was the pattern throughout your marriage. As to the cost of 8K that does seem a lot if matters between you have still not been settled.
Re: HOW LONG DOES IT TAKE
gord6966 - 06 November, 2009 01:24PM
Thanks for your frank response. This is my second marriage of 19 years the bulk of my main pension was paid in 11 out of the 16 years before the marriage, will I automatically loose 50% as well as 50% of the capital assists? If the answer is yes what is the point of engaging a barrister for the second appearance before the judge if it is almost determined what she will be granted. I just need to be reassured that I am taking the correct route.
Kind Regards.
Re: HOW LONG DOES IT TAKE
davidterry - 06 November, 2009 04:20PM
You would make a mistake not to be properly represented I think. You see, judging from the amount of money you are paying out in interim maintenance until this is finally settled even a relatively small difference in the amount of money you end up paying to your wife or a share of the house or any reduction in a pension share she that might otherwise receive will pay for the services of a barrister many times over. Any litigation should be looked at from the point of view of economics and if you did not gain more financially as a result of being properly represented than the cost of the barrister for the day it would be very surprising.

You only get one bite at the cherry. If you mess it up then that is that. There is no point in complaining after about the injustice of it all if you did not give it your best shot in the first place. What happens if your wife has a barrister and you do not is that her case is effectively left unchallenged. That is not a good idea. In comparison to what you stand to lose if you are not properly represented I think the cost of a barrister for the day is likely to be money well spent.
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