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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: Solicitor acknowledgement
Written By: Bubblegum - 4 weeks ago
Forum: UK Divorce Forum
If you instruct a solicitor wouldn't they go on the court record as your legal rep. I guess it all depends on whether you are a litigant in person or not. I did not use a solicitor. But I did use a direct access barrister for hearings instead. By doing this I was still a litigant in person. Had I instructed a solicitor I would have no longer been a litigant in person and my understanding is
Topic: Re: Solicitor acknowledgement
Written By: Bubblegum - 4 weeks ago
Forum: UK Divorce Forum
Why do you want to keep it from the applicant? I guess it would be helpful for the other party to know how many copies of documents are required.
Topic: Re: Divorce advice
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
This is just an observation but it would seem you are not looking for divorce advice but more advice about how to punish him for being so awful towards your mother. You seem to want to delay the financial settlement so that he doesn't have the financial benefit of his fair share of the matrimonial pot until your mother decides he has suffered long enough. Personally I don't think it's worth p
Topic: Re: Divorce settlement
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
*removed*
Topic: Re: My husband is petitioning for divorce and I am concerned he is hiding assets
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
Hi Alana, Your situation sounds messy and I think you really need to see a solicitor and at some stage maybe involve a forensic accountant. 1. It's normal for all the boxes to be ticked on the petition. It just makes it possible to make a claim and doesn't mean he will. 2. Is the FMH in joint names? If so, he can't sell without your agreement. If not, you should register matrimonial home rig
Topic: Re: Divorce ahead advice please.
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
rickvw Wrote: ------------------------------------------------------- > the plan short term would be to keep the house > and then downgrade and move once we are 100% > seperated thus lowering the mortgage back down a > bit. I don't understand what you mean by waiting till you are 100% separated. Do your finances (consent order with clean break) as part of the divorce, seek the
Topic: Re: Joint bank account
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
Sorry but isn't the account already frozen? You could also ask them to freeze the interest and charges because the account is in dispute.
Topic: Re: Joint bank account
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
Unfortunately these are the terms you sign up to when you open a joint account. Your ex is liable for the utility bills that are in her name alone. Let the provider chase her for them. How much is your joint overdraft? Interest and charges on overdrafts and credit cards is notoriously high and should be avoided if possible. Have you spoken with the bank about debt consolidation, financial arrange
Topic: Re: Partners ex girlfriends rights to his property?
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
To be fair, he paid the mortgage and allowed the ex and kids to live there for eight years. This was their agreement to keep CM out of it.
Topic: Re: Joint bank account
Written By: Bubblegum - 2 months ago
Forum: UK Divorce Forum
Different banks may have different policies. Mine also said that the account has to be in credit. The forms to either remove a name or close account also required both signatures. But little can be done whilst the account is overdrawn
Topic: Re: Maintenance....is there a point?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
So your question is more about poor disclosure. Once the Forms E are exchanged, you have an opportunity to raise questions of them in a questionnaire. This is where you need to pay attention and look for gaps and unexplained spending etc. Then ask for evidence and question this to show non disclosure. My ex on paper was claiming JSA and had no assets, but I knew he was taking two long haul h
Topic: Re: Maintenance....is there a point?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Only If you can show that you have the need and he has the resources, then you should apply.
Topic: Re: Form E 4.3 my contributions..don't want answer to sound bitter
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
The court's recognise the homemaker as making an equal contribution. So your non financial contribution for the past 30 or so years will be recognised.
Topic: Re: Bank statements & other copies for Form E
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Full disclosure goes to the the Court and the other side.
Topic: Re: Divorce ahead advice please.
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
The only way to save money in divorce and not to feel 'ripped off' by lawyers, is to be sensible, reasonable and amicable and by grasping how the law works and what is considered fair. Most of the excessive legal costs incurred from divorce often occur when the two parties can't agree. It seems you are not in this position and could potentially achieve a Consent Order and avoid Court altogether.
Topic: Re: Can't help but feel like this will never end
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Has he made an application to the Court for a financial order? Have you attended a MIAM? If not, you can do this by completing form A. You will be the applicant and the Court will set the timescales for moving the case forward.
Topic: Re: Threat
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Do the children live with you? Are you claiming child maintenance through the CMS? Have to taken a look at what benefits you are entitled to as a single parent? I.e. Tax credits. Have you considered applying for maintenance pending suite?
Topic: Re: Amicable Divorce & Settlement
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Divorce cost sent with the petition is £550. Petition is Form D8 - a new form has just been introduced so make sure you use the new version. It's longer with notes and is supposed to be easier for a litigant in person to use (apparently). Once you have your Decree Nisi you can apply for a financial order to be made (by consent). This is done by completing Form A (form dismissal purposes). There
Topic: Re: Is Nominal Maintenance fair in this instance?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
It's a consent order, you do t have to agree to a anything you don't want to. The only option they would have is to take the matter to court. I would probably hold out and see how they respond for now.
Topic: Re: Is Nominal Maintenance fair in this instance?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
How long have you been married? Is she likely to remarry? How old is the child? Are they asking for joint lives nominal? Have you had any medical disclosure of her health condition and prognosis? The nominal spousal leaves the door open for her to come back and ask for more if her needs change in the future. Ideally you would seek a clean break.
Topic: Re: Wife does not communicate directly during divorce and her solicitor sent injunction warning
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
>>According to , I cannot even do that! It says I must be the party who 'started the paperwork to divorce'. That is actually very poorly worded and I think probably incorrect. (Maybe MR Terry can confirm?) *********** abstract from www.gov.uk *********** Deadlines for applying You can ask the court to make a financial order if both of the following apply: you’ve started the p
Topic: Re: Wife does not communicate directly during divorce and her solicitor sent injunction warning
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
david_m Wrote: ------------------------------------------------------- > Yes, I understand that. At the moment my wife is > not contributing a penny to the mortgage, because > I live in the house. The question was, if I opt to > move out, can I at least ask her to contribute 50% > of the mortgage? Or, hopefully, she would move in > and pay 100% of it. That way she will
Topic: Re: Wife does not communicate directly during divorce and her solicitor sent injunction warning
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
>>"Would it be wise to move out of our house so that I am not liable to pay the full mortgage? " NO - If the mortgage is in your/joint names, you are liable for it whether you are living in it or not. You risk repossession, damaging your credit score for about six years and also incurring ridiculous charges from the lender. There is enough equity in the home not to want to risk
Topic: Re: Wife does not communicate directly during divorce and her solicitor sent injunction warning
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
It is clear that your wife does not want to engage in direct correspondence with you. You can not force her to do so. You should not continue to email or contact her directly on matters of your divorce because she has instructed a solicitor who has made it clear to you that she wishes all communication to go through them. If you continue to write to her despite the warning, this might be viewed a
Topic: Re: What can I expect?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Well I think there are a lot of 'what ifs' and assumptions being made without any clear evidence of your wife's increased financial resources linked to a partner she is not even cohabiting with yet. I would be interested to hear what others think would be fair, but in my personal opinion based on the three young children she has to house and the disparity in incomes, I don't think 50:50 would
Topic: Re: What can I expect?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
If like you say they are going to move in together and plan to marry, then a court would take this into consideration. But how much weight it is given would be at the court's discretion and impossible to guess. Do you know the new partners financial position i.e. How much he earns and his debts and assets? Can he afford to take on the financial burden of a wife and three kids or are they relying
Topic: Re: Interest on unpaid maintenance:
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Thank you for the reply Mr Terry. I just had a momentary panic as I'm still owed £8k over the last 6 years. But luckily it is through the CMS. I managed to find this on "Time limits to enforce child maintenance arrears There is usually no time limit within which the CSA or CMS can collect child maintenance arrears. However, no liability order could be granted from 12 July 2006 for
Topic: Re: Interest on unpaid maintenance:
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
davidterry Wrote: ------------------------------------------------------- > Like I said, there is a statutory bar on > recovering maintenance arrears which are more than > 12 months old. The purpose of maintenance is just > that - to maintain. It is not so that a person can > do nothing about arrears for five years and then > claim interest at a rate that most people woul
Topic: Re: What can I expect?
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
So are you agreed that the house will be sold? The CSA money is seperate and does not form part of your settlement. If I were in your wife's position I would want more than 50%. Her needs are greater than yours. You have a good income she does not and she also has the housing needs for four opposed to one. You also need to consider the value of any pensions either of you have.
Topic: Re: How can this be true
Written By: Bubblegum - 3 months ago
Forum: UK Divorce Forum
Like Mr Terry has said, it's not fair and a Judge won't view it as fair. So the DJ will need to be satisfied that your husband understands exactly what he is agreeing to and that there is no duress. If the DJ is not satisfied he may not approve the consent order. You'll probably have to attend a short hearing.
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