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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 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.
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Topic: Re: Divorce Settlement if Living in a house with My Mother
Written By: Willapp - 7 days ago
Forum: UK Divorce Forum
Ok since you asked for unprofessional advice (I am NOT a solicitor), I'll give you mine based on research I've done into my impending divorce. Supposing you go ahead with your house purchase (and marriage) and at some point later you do end up divorcing, this is what I believe you could expect: 1) If you were to have any children, their needs are put above your own and any legal agreements you
Topic: Re: Second Property or Non Marital Property.
Written By: Willapp - 10 days ago
Forum: UK Divorce Forum
It's just my opinion based on a fairly large amount of research into my own divorce situation. As HatMan says (and I mentioned), if you have children then the court's overriding duty will be to ensure their needs are met. If that requires your property is sold or the asset split then that will almost certainly happen. Children aside, if the relationship is of any length (let's say 5+ years for
Topic: Re: Second Property or Non Marital Property.
Written By: Willapp - 12 days ago
Forum: UK Divorce Forum
I suspect your fears are well founded. Everything I have read on divorce (I have yet to begin the formal process) tells me that *everything* that is an asset is considered part of the marital estate: pensions, property, savings, everything. There is an argument - however valid or not - that your wife's support (be it financial or emotional) may have enabled you to continue to keep the rental prop
Topic: Re: Potential financial settlement
Written By: Willapp - 23 days ago
Forum: UK Divorce Forum
I suppose what David is saying, which makes sense, is that if you have previously been earning £100k and shortly before or during divorce proceedings that income drops substantially, the court may award maintenance based on the higher amount. It then becomes your problem on how to deal with that - either by increasing earnings somehow, taking a loan or even borrowing money from family (my solici
Topic: Re: Potential financial settlement
Written By: Willapp - 23 days ago
Forum: UK Divorce Forum
I have exactly the same misgivings about it and sadly no clear answers. For example I am currently a self-employed IT contractor, which has a better earning capacity but is less reliable work and more stressful. I am seriously considering switching to permanent employment for which the equivalent role would likely net me around £1k less per month - no small sum. In my eyes I am entitled to do
Topic: Re: Potential financial settlement
Written By: Willapp - 23 days ago
Forum: UK Divorce Forum
I asked my solicitor a very similar question during discussions about spousal maintenance. The answer I received was that I had a duty to "maximize my income" after separation in order that a fair settlement is achieved. What this exactly means I think is vague and I've no idea how it would be enforced in practise, but for example with my skills and experience I could expect a salary of
Topic: Re: Company loans and soft loans
Written By: Willapp - 23 days ago
Forum: UK Divorce Forum
Just as a suggestion, could you not get an unsecured loan from a normal high-street provider for the £20k instead of borrowing it from the company? Surely that way it would be considered a 'hard loan' and a provable debt? Providing you have a reasonable credit rating I would think such a loan not difficult to obtain?
Topic: Re: Husband has taken my money £5k!!
Written By: Willapp - 25 days ago
Forum: UK Divorce Forum
I am not a lawyer but I think the issue will be that as it was a joint account, he had legal access to it so he hasn't committed any crime even though of course given the circumstances it wasn't his money to take. I suppose you could get your solicitor to write to him and ask him to return it, but I doubt he would have taken it unless he felt there was nothing you could do to get it back. If y
Topic: Re: Court costs
Written By: Willapp - 28 days ago
Forum: UK Divorce Forum
Thanks David, I think you're right and she must have been referring only to costs around financial matters which I assume could be significantly greater than the divorce itself (if they aren't settled amicably). When you say costs depends on the grounds for the divorce, does that mean because we separated amicably and have waited for 2 years so that we can divorce without giving a reason, it's
Topic: Court costs
Written By: Willapp - 28 days ago
Forum: UK Divorce Forum
Posting as a new topic so I don't derail someone else's post. When I spoke to my solicitor about the divorce process, she was adamant that in family court each party pays their own costs unless one party can be seen to frustrate the process. However in several recent topics here I have seen reference to people claiming costs when issuing divorce proceeding? Is this true? I am the higher ear
Topic: Re: Pension sharing
Written By: Willapp - 30 days ago
Forum: UK Divorce Forum
Rob Duh Wrote: ------------------------------------------------------- > Definitely not an asset. The legal system begs to differ. > The value attributed to it is simply the total income > I will receive over the next 20 years. If it has a value then it's an asset, not sure why you can't get your head around this? > All our real assets were shared equally. Except you
Topic: Re: Pension sharing
Written By: Willapp - 5 weeks ago
Forum: UK Divorce Forum
Rob Duh Wrote: ------------------------------------------------------- > The question I put to HatMan earlier has > still not been answered: if you had an income of > £50k a year and were forecast to receive it for > the next 20 years would that mean you had a > shareable asset of £1,000,000? YES! Just because you can't hold it in your hand or spend it right now, it is a
Topic: Re: Pension sharing
Written By: Willapp - 5 weeks ago
Forum: UK Divorce Forum
QuoteRob Duh Our pensions do not represent “real” or marital assets, as neither we nor our employers made any contributions to them, and therefore were not shareable under the legislation surely. Public sector pensions of the type we receive are paid out of government receipts and are not backed by any funded pensions scheme. Why do you think it has no value? If a CTV has been calculated
Topic: Re: Will this be considered a fair settlement by the courts?
Written By: Willapp - 5 weeks ago
Forum: UK Divorce Forum
Hello there, Firstly sorry for your situation. I too am not a solicitor but am also about to go through the divorce process. No children involved but I am already learning what I suspect you will learn too: marriage means nothing is "yours" any longer. Even with such a short one, having a child vastly complicates the situation. I am already facing the prospect of paying my ex far mor
Topic: Re: Awarded Costs What Next
Written By: Willapp - 2 months ago
Forum: UK Divorce Forum
Could I just ask what happened in order for you to be awarded costs? My understanding in family court was that each party was responsible for their own costs unless it was proven that a party had deliberately frustrated the process? I only ask because I am soon to go through divorce and although I remain hopeful it will be resolved amicably, I am worried that my ex could attempt to make me pay
Topic: Re: My STBXH won't move out of rented accommodation!
Written By: Willapp - 1 year ago
Forum: UK Divorce Forum
I know the Police aren't always helpful in these situations, but if you've now signed a sole tenancy agreement then I don't see what legal right he has to stay there, in which case can't you arrange with the landlord to have the locks changed while he's not there and then refuse him access? It might be worth notifying the police if you're worried things might get out of hand but this seems like t
Topic: Buying a house after separation, bad idea?
Written By: Willapp - 1 year ago
Forum: UK Divorce Forum
My wife and I separated about 6 months ago by mutual agreement. No children. Savings etc have already been split and we have recently found a buyer for our home. I'm currently renting a flat but once the sale goes through am considering buying a property so I don't have to continue renting. She is likely to be moving in with her brother in the short term as she doesn't earn enough to get a mortga
Topic: Re: What grounds, who's at fault?
Written By: Willapp - 1 year ago
Forum: UK Divorce Forum
Hey, I am not a solicitor but just wanted to say that ultimately it is up to the courts to decide what is reasonable in a divorce settlement. Assuming you are both honest about your assets etc. then given the length of the marriage and the fact that each party has their own assets then allowances will be made for that and I doubt he can have much claim over 'your' assets. However the key po
Topic: Re: laughingirl & golden
Written By: Willapp - 1 year ago
Forum: UK Divorce Forum
I am newly registered today but have to agree you made the right decision. I read the "Divorce in two countries" thread and have to say I found their posts far more shocking than yours, they seemed like two people with axes to grind and I'm sure your forum is better off without their 'contributions'.
Topic: New mutual separation, thinking ahead
Written By: Willapp - 1 year ago
Forum: UK Divorce Forum
So I am recently separated from my wife of 7 years. Both 33 with no children and a house that's jointly owned with her brother (50% his equity, 50% ours). Separation is mutual at this time and hopefully will remain so. Already we've agreed to put the house on the market with a view to splitting the equity equally so in effect we'll each receive 25% of the resulting equity (approx £30k each).
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