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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 question
Written By: Willapp - 3 months ago
Forum: UK Divorce Forum
I can offer you some unqualified advice, for what it's worth. Firstly, the fact that assets were obtained prior to marriage isn't going to be hugely relevant, there is no concept of ring-fencing these things. Given her age (53), she is likely to have a relatively short working period left. Therefore the question is, how will she support herself outside of the relationship? Or indeed, can she?
Topic: Re: Mediation & Form E...
Written By: Willapp - 5 months ago
Forum: UK Divorce Forum
I'm still going through the process myself, and I'm no solicitor but let me give you my thoughts as I was confused by form E / mediation/disclosure. One of the things that I think makes the difference about Form E is that it's a legal document that you sign, and can get in trouble if you put false information on it. However, this is only relevant if you end up in court. Think about things a
Topic: Re: Can ex really get 50% of my net income? And if so, what is my exit plan?
Written By: Willapp - 5 months ago
Forum: UK Divorce Forum
I asked my previous solicitor this same question and their answer was that you cannot voluntarily shed yourself of income/assets in order to present a weaker position at divorce. Your "earning ability" is based on what your income has been over the recent past and therefore a court would expect your future earnings to be comparable. Quitting a high paying job to work at McDonald's simpl
Topic: Re: Pension sharing....
Written By: Willapp - 6 months ago
Forum: UK Divorce Forum
I am no expert and hopefully David will respond in due course, but my understanding of divorce, in general, suggests that the split of pension will come down firstly to how much both parties need in order to live. This is heavily dependent on your respective ages and other assets. Assuming you are at, or close to, retirement, then a judge will need to be satisfied that both parties can survive
Topic: Re: Divorce and business valuation
Written By: Willapp - 6 months ago
Forum: UK Divorce Forum
I was a little fortunate in terms of capital distribution as originally my shares were split 70/30 me/ex but she signed them back over to me as soon as we separated, in return for a final dividend payment which represented the maximum dividend I could issue based on retained profit at that time. @Fearless, it sounds to me like you need to get a new solicitor ASAP, if they aren't fighting your
Topic: Re: Divorce and business valuation
Written By: Willapp - 6 months ago
Forum: UK Divorce Forum
I don't think David is going to provide you with case law to back up his opinion. You need to discuss with your solicitor as to why they are giving you different advice, and stress that the business is your sole source of income and only has a value while you are its sole employee. For what it's worth, I am in a similar situation as I'm a software contractor operating my own limited company. E
Topic: Re: Divorce and Business
Written By: Willapp - 6 months ago
Forum: UK Divorce Forum
When you fill out the Form E financial disclosure, there is a section where you can explain if your future earnings are expected to differ significantly from the previous 12 months, and why. If, as you say, most of the money earned will be used to repay debts then I don't see that your ex will stand to gain from it at all. Again the Form E requires that you state all income (including businesses
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Ok fair enough. Seems a bit odd if she can hold me to my offer but I can't hold her to the same thing? But regardless she isn't going to want to do that. I suppose given that it was open correspondence that I could still use it at court to argue she was willing to accept that amount at one point and has since changed her mind.
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Actually I wonder if the situation just got more interesting... Back in August last year, when I had only offered her £20k, she wrote an email stating she would accept £35k as a settlement. This email was not sent "without prejudice" either, so can she be bound to accept it? Her argument for rejecting it now is based on her misunderstanding that she wouldn't receive the funds st
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Hi David, I do very much appreciate your advice. It sounds pragmatic and sensible! I have parted ways with my previous solicitor precisely because of their reluctance to give me any useful advice whatsoever (despite spending over £500), and I'm trying to find another local firm who can do better - but of course this means spending more on an initial meeting to bring them up to speed on my ci
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
davidterry Wrote: ------------------------------------------------------- > Only goes to show that you would have been better > advised to have spent some money on legal advice > before making any such proposal. For the record I had obtained legal advice last year and it did not tally with what you've suggested here (much as I wish it had). The solicitor would not give specific ad
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
davidterry Wrote: ------------------------------------------------------- > I am glad you can be so sanguine about throwing > away £35K without need. I wouldn't say sanguine exactly, but I don't see her taking any less at this point without a Judge declaring it to be so, because as you say I have already proposed it. I will take on board your suggestion re the divorce and may issu
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Hi David, Fair point. At this time I'm not unhappy with the £35k so yes it may have been a mistake but if that was the worst case scenario it won't be the end of the world. As for point 2, what is the alternative? On one hand I am in no rush to get divorced so if she insists on £50k I can just delay the process - she wants ( "needs" ) the money to move on with her life so I don'
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Thanks again David, this is really useful to hear. I have already made the £35k offer via email, though not officially via her solicitor. We are yet to start divorce proceedings as we had hoped to agree financials before commencing. (We wanted to divorce amicably using the two year separation as the reason, which is now available as of this month). As far as standing my ground is concerned
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Thanks, I appreciate your opinion. It's certainly more useful than the solicitor I had previously engaged, who flatly refused to offer an opinion on any settlement without both sides completing Form E disclosure which would cost me around £2,000. I am happy to pay her something just to get it resolved, but she has thus far been quite bullish on the amount, I think because of the income dispar
Topic: Re: Husband has taken my money £5k!!
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
I think you are in a bad situation here. While I'm sure you can evidence that you put the £5k into the joint account, by all legal definitions this money was shared when you put it into the account you both had access to. My guess is the only option for recovering is to draw up a new consent order that see you get the £5k returned in one form or another. Getting him to agree to this is the c
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
David, any thoughts on my figures? Do you think she has a strong legal basis to ask for so much? You sounded surprised that there was any kind of settlement being considered
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Monty Wrote: ------------------------------------------------------- > My ex- tried the inheritance argument, but it was > not sustainable, not least because inheritances > are not 'guaranteed'. Many a will has turned out > not to contain what was expected... Both our > potential inheritance prospects were disregarded > when it came to crafting a financial settlement.
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
davidterry Wrote: ------------------------------------------------------- > If you each received an equal amount from the sale > of the house and savings at the time of separation > were divided equally where does the £35K or £50K > come from? Well that's a good question. Given our different current earning capacities and the "lifestyle enjoyed during the marriage"
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Oh and if anyone cares to venture an opinion on our settlement, I have offered her £35k lump sum but she wants £50k minimum. I think that's too much as I will end up with nothing from our 10 year marriage (both 35 and still fully able to work) and she will have £90k. We are both currently in rented accommodation. The only savings I have are what I took from the separation. No pension fund whil
Topic: Re: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
In case further information is required, we separated two years ago this month (and been living separately for this period). Her earnings are circa £15k pa and mine around £50k. We each received £40k from the house sale and savings shared at the point of separation. No children or other dependents.
Topic: Financial settlement questions
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
My ex and I have reached a bit of a stalemate on financial negotiation and it feels like we are going to end up down the legal/court path if nothing improves. I have a couple of questions off the back of some information she sent me from her solicitor, apparently detailing how the court will appraise our situation to determine the settlement: 1) Can income earned post-separation be split again
Topic: Re: Consent order help needed
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Surely if the situation is as you describe, and your ex is spending money on legal fees trying to get this resolved, isn't the simple solution for you to accept the pension share and just return the money to him personally? Granted it's a frustrating situation but rather than trying to fight the legal system, you could just set up a standing order to pay the amount you get from his pension bac
Topic: Re: Changing locks on a property? single name, owned pre-marriage
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
shambolic Wrote: ------------------------------------------------------- > Family law firm said if she turns up and locks are > changed, then she can ask the police to let her > in. > Criminal lawyer said check with family lawyer, and > if you are at any point accused of anything do not > say anything and refer to lawyer. I would be very surprised if the police would d
Topic: Re: Changing locks on a property? single name, owned pre-marriage
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Again I am not giving qualified advice here, and I'm in England not Scotland, but given I have done a lot of research into my own upcoming divorce situation, I can offer the following advice: 1) I'm not sure why the courts would take a dim view of you changing the locks providing that your ex wasn't homeless as a result. Given she is currently staying with family elsewhere, I don't see how she
Topic: Re: Changing locks on a property? single name, owned pre-marriage
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
Caveat: I am not a solicitor. However, in reading various forums and articles regarding divorce, I don't think it's that uncommon if after separation one of the parties vacates the FMH (former marital home) then they give up right to return and you are entitled to protect your privacy by changing the locks. Your argument is further strengthened if you can prove that you are the title holder of
Topic: Re: Graduation with Divorced Parents
Written By: Willapp - 8 months ago
Forum: UK Divorce Forum
First of all I'm sorry for the situation you find yourself in, it must be hard and not what you should be focusing on after working so hard at your degree and looking forward to the celebrations. Now, everyone has a different view on family behaviour, specifically whether it is the child's responsibility to always defer to the parent's wishes. Personally I think that, as you are an adult now,
Topic: Re: Divorce Settlement if Living in a house with My Mother
Written By: Willapp - 9 months 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 - 9 months 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 - 9 months 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
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