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A horizontal rule

[ADD A NEW SUBJECT] [OVERVIEW & TUTORIAL]

Subject: measher order

I wonder if anyone has come across this issue, consent order says that there is a measher order on the family home until the youngest child leaves school, the house is sold, or if I live with partner as man and wife for over ...

Yes. A Mesher is intended to allow you to live in ...

Lol....the bloody barefaced cheek and greed of som...

stuart. renting is not 'greed'. The ex would get m...

LOL.....so the poster is looking at renting the pr...
A horizontal rule
Subject: Ex dragging her feet

The Decree Nisi was issued late last year and our financial statements have been exchanged between the solicitors. Things looked to be progressing reasonably toward the first meeting with a judge. However, now she has put t...

Do you mean one of you has applied to court for a...

Thanks for the quick response sometimesitdoesn'two...
A horizontal rule
Subject: New Seperation

Hi

My wife has decided after 4 years of being married that she would like to seperate. She has 'temporarily' moved bak to her mothers with our 4 year old son.

The question is regarding finances. ...


Right....just to ease your worries.....


Thanks for the swift reply.

I have ...


Because you are married you have rights to live in...

Make sure that your solicitor has filed immediatel...
A horizontal rule
Subject: Financial advice for a friend

Hi

Friend and husand have separated. They co-own a pub (which has been very successful in the past but affected by the economy) with a large mortgage in joint names. He wants to keep the business in the hope ...


Do they actually own the pub outright? Many public...

They own the pub outright but have a very large mo...

The point of divorce is to lead separate and inde...

I don't think it's wise they keep it in joint name...
A horizontal rule
Subject: Could I lose my house?

Hi, have just received my Decree Absolute but instead of jumping for joy like you would expect me, things couldn't be worse! Am the respondent, divorce battle has been going on for two years, we got to Decree Nisi stage quick...

Before ratifying a consent order judges are duty b...

the childs own father if still alive is the respo...

Let'#s hope you've picked a woman who earns good m...
A horizontal rule
Subject: Trying to pay off a debt

Hi, there.

In the financial settlement of the divorce, the ex-husband would have got 30% of the value of the house. I said that I would pay all the debts if he would take a lower figure and he agreed. (This was...


no advice im afraid. do you have any idea why your...

Can't think of a legal remedy and it is perhaps a ...

perhaps a letter from your solicitor stating quite...
A horizontal rule
Subject: wanting a divorce after 1 year and a baby!

Hi All
Situation: I've recently discovered that my husband of 1 year has been having and affair - thats why he has been behaving unreasonably towards me. I have not confronted him about the affair as i really want a d...


All the jointly and solely held assets minus any l...

You were doing pretty well until you wrote "i inte...
A horizontal rule
Subject: wanting a divorce after 1 year and a baby!

Hi All
Situation: I've recently discovered that my husband of 1 year has been having and affair - thats why he has been behaving unreasonably towards me. I have not confronted him about the affair as i really want a d...

A horizontal rule
Subject: Should I pay CSA as the legal guardian?

Hi,
My daughter is 15 and I have been the legal guardian for the last 8 years since the divorce, but last Novemeber I found my daughetr to be smoking with my ex's blessing.
An argument between me and the daughte...


I dont know about you being the legal guardian.......

Thank you Stuart for the reply,
I plan to s...


Does the order state your daughter lives with you ...

Hi Stuart / All,

The order is for t...


So you dont have a financial order for child maint...

Child support and orders determining residence, c...

Ok thanks for the information,

I gu...

A horizontal rule
Subject: clean break

Is a clean break on obtainable by following the D81 etc route or can simple undertakings be given by each party not to make future claims on each other?

Im talking about a short marriage (1year) no children, no...


Stuart,

would like to help as you h...


Hi,

Thanks for the advice....yes, I...

A horizontal rule
Subject: Child Bennefit

Seperated 3 years with 2 boys aged 5 and 8. We have shared care 50/50 from day 1. Now officially divorced and have shared the kids costs equally. She paid me half the child bennefit each month as she origainally registered an...

Are you living together then?

What ...


Thanks Stuart. We have seperate houses and have th...

i guess you could go online to the csa website and...

You need to write it off as you are legally on thi...

Thanks Captain. At least I know where I stand and ...
A horizontal rule
Subject: Separation & financial

Hi,

Long story, sorry, but here goes. Put £70k into buying bigger house with partner in march 2006, he contributed nothing, married in July 2006. After just under 3 years of marriage he had an affair, so we spl...


I have a suspicion that he is going to argue that ...
A horizontal rule
Subject: Pensions

Trying to sort out a consent order between me and ex. We have got to pensions. My ex has a SIPP as he is director of his own company. He has had discussions with the the company you he has his SIPP with and informs me that...

I believe Heather Mills had signed a confidentiali...
A horizontal rule
Subject: Deed of Covenant

Hi all.
The following wording is that of the deed that i am being asked to agree. I am the petitioner, h is the responde. Here goes:

NOW THIS DEED WITNESSES:

1. Pursuant to the agreement a...

A horizontal rule
Subject: Consent Order Not Signed

Hi can anyone help? Recently been taken back to court re outstanding maintenance payments to my ex. arrears came about as asked for order to be set aside as appointed CSA. CSA now acting but ex wants arrears up to time that...

Was agreement well documented in correspondence? ...

Thanks for the info. Solicitors did sign the draf...

You need to ask your solicitor this, we are guessi...
A horizontal rule
Subject: Nominal maintenance claim.


Can someone plse explain in what circumstances this can come into play on a court order, i have one of these. Divorced and court order for maintenance two children & clause of nominal maintenance for me £1 per annum.<...


The short answer is, yes, a change in circumstance...

So you are asking for more money from your ex even...

i think this is because like many pwc, the money f...

I always wonder how the recipient of the SM & CM w...

Well, in fairness, they would have had many years...

"I always wonder how the recipient of the SM & CM ...


Thank you Teadrinker this exactly the case...


Have to say that from the last post I detect a bit...

Have to say judging from both your posts and as a ...

Sorry Daisy, did I strike a bit of a nerve? lol......

Stuart, you do seem to always look for arguments t...

the poster only commented on the holidays her ex h...

This is my first posting on here & I was under the...

Stuart , you often sound bitter.

Yo...


Lol....bloody hell....

Allow me to ...


Stuart, how would you explain your comment about w...

"Well sorry but thats life. My sons mother and her...

stuart.

i know this might seem like...


in other words, in case that wasn't clear. the pos...

Lol....

Tell you what...I'll stop p...


Oh incidently, not that Ive anything to explain to...

"Oh incidently, not that Ive anything to explain t...

Why........her attitude in fact was more of a 'ho ...

thats what i said tho daisy chain. you made refere...
A horizontal rule
Subject: Setting aside consent order

Hubby divorced a couple of years ago and consent order re child maintenance signed off by court £475 per month based on CSA for 2 kids, he subsequently had a large pay drop but continued to pay the same even though by CSA cal...

hi.
it does obviously change things when a ...


thanks - sorry meant to say he is going to college...

I think your hubby better make an application to t...

Normally the courts have no power to order CM or a...

thanks all - I understand that he needs to get it ...

Strictly speaking as far as the consent order is c...

thanks STIDW - the wording on the consent order is...

Courts are pragmatic - what a load of rubbish - sp...
A horizontal rule
Subject: Kids - Where do i stand?

Hi all

Not been online here for quite some time now. I went through divorce approx 5 years ago now and although it was messy as I my ex wife was blackmailing me using the kids as the weapons.....

...


The terms "residence" and "contact" were replaced ...

I hear what you are saying about the resentment fr...

Unfortunately when there are children our ex's re...

I'm quite happy to go through the CSA but with the...

You cant be controlled and bullied like this.


Surely in the pretty near future the kids will tel...

Thanks for all your replies so far.

...


Who said anything about having to be aggressive?

Desparate, I wouldn't get too tied up about showin...

Des, are you saying that the amount of CM you pay ...

Sorry, I meant escalate not ex... Though the other...

"Her asking to see your P60 isn't an intrusion int...

Thanks everyone for all comments which have been m...

personally, i think that you should reach agreemen...

Why if you read Desparate's original post you will...

Des, I think the ladies here are actually missing ...

Are you saying then, Stuart, that exes must simply...

Stuart, I think you need to read Desparates origin...

Hi all

Thanks for the positive comm...


Desparate I think we can all sometimes "bully" to ...

Owl, you are talking like an arse - contract law.....

* should have been a "couple of quid"

Stuart, its a contract and subject to Contract law...

Err....I have said that Des's ex is entitled to th...

"If providing a p60 is a source of emotional angst...

Hi all

After much thought, I have d...



Again Stuart go back and read Des's origin...


Owl...I give up....clearly its YOU who cant read.....

"My ex has now demanded to see my P60 so she can d...

No, she hasnt threatened to go to the CSA....she h...

Well my children are all adults now Stuart. Part ...

Owl....you are off your head love....lol...
A horizontal rule
Subject: Enforcing an order for costs - time limit?

In 2007, my ex was ordered to pay the costs of our divorce.

For various reasons there has been a massive delay in implementing our AR order and he has so far refused to pay up the costs. My solicitor had sugge...


Im not aware of a limit to these things especially...
A horizontal rule
Subject: Sale of Family Home

Hi All,
My ex wife has decided to sell our former family home and move to Devon.
This triggers the release to me of my interest in the property by way of a court order.
Her Conveyancer has asked me to sig...


Think about this from the buyers POV. Would you be...

This is absolute standard practice in any conveyan...

Thanks for the comments guys. I will speak with bo...
A horizontal rule
Subject: CM help please! - does 'cease fulltime secondary education' mean after A's?


Hi,

I posted on a CM topic elsewhere ...but think my own question might have been slightly lost...

My court order states '...18 years or cease fulltime secondary education..'



If the order specifies CM ceases at the end of ful...


Thanks for the quick response but i don't ...


I think its based on the fact that its worked out ...

When courts consider issues relating to CM the sta...


thanks for the insight on this... i couldn...


Try;

http://www.csa.gov.uk/en/case/...


My Consent Order says "until 19th birthday" and ma...

It certainly is more straight forward when the age...

TD,

'I told him where to stuff his ...

A horizontal rule
Subject: I need to escape from this fiasco

My mariage broke down about 6 years ago, since which time I have remained in the FMH but with finances split into individual accounts, separate bedrooms, I do my own washing/ironing etc. So to all intent and purposes we are ...

its a shame you have not had any replies to your p...

Thanks for for your reply Why? In terms of being ...

in that case id go ahead and put forward what you ...
A horizontal rule
Subject: loan

On my form E I have confirmed that I am owed £7.5k from a third party so obviously this amount is put into the pot to divide assets. However I am now struggling to pay for SOL bills and have asked the third party to return lo...

can anyone help please?

Sorry no one has replied yet.

Reas...

A horizontal rule
Subject: CM - full time education STILL not clear

Wonder if you can help.

I have 2 children based in Ireland (aged 18 and 19)

19 year old about to start Uni this September.

My court order says to pay CM whilst children are sti...


You should be aware that even if over 18s are away...


The more i read about this topic the less ...


Hi thanks for the replys.


...



Why dont the solicitors make it clearer in...


Although under 18s are a priority courts take the ...
A horizontal rule
Subject: Redundancy, Redundancy Compensation and Child Maintenance

I currently pay 20% of my net income as defined in a court order that states that this is equivalent to the then CSA guidelines.

I am being made redundant and will take a tax free lump sum of 30K and then recei...


Under CSA/C-MEC rules contractual redundancy pay,...
A horizontal rule
Subject: variation of periodical payments

Hi everyone

Hopeful that someone can answer my question. When you fill in Form E, do you have to provide copies of credit card statements to the court and the other party? I'm representing myself, and so is m...


According to the Form E you are required to provid...

With variations to PPOs judges direct what informa...
A horizontal rule
Subject: caught up in my partner's finances

Hello all,
Both myself and my partner are divorced, we have a 3 month old and my daughter from my marriage lives with us too. Unfortunately, my partner has not been able to settle finances with his ex and he eventually...


I think your partner needs legal advice and that s...

I agree. It would be best to hire a barrister for...

Why did you give your new partner who hasn't even ...

I haven't given my partner any equity. He has move...

hi 2ndtimeround....ignore ER. She sometimes talks ...

Apologies for the spelling mistakes......I was in ...

So I still don't understant. You put your own home...

Obviously I haven't explained myself very well but...

Owl is spot on, not disclosing your income when t...

With the benefit of the exact science of hindsight...
A horizontal rule
Subject: Help me get divorced please

Hi,

I’m back and still not divorced and it’s becoming very emotional for me and I just feel shes trapped me from moving on.

She filed for divorce back in June 2007. We have a 4.5 year son w...


I can empathize, my ex procrastinated for almost 5...

Hi stidw,

Can the Decree Absolute ...


Yes, the absolute can be granted at the same time....

There is no pension sharing or anything like that ...

Sometimes it's best to wait until the finances are...

i should know by this coming week if she's going t...
A horizontal rule
Subject: complete financial mess

Having looked through past posts there is nothing that appears similar so am posting this in case anyone can offer any sensible advice.

Sister and her hubby of the past 17years have split and neither will speak...


The first thing is for your sister to see if it's ...

Cannot take a payment holiday and it is an interes...

Cement, is your sister burying her head in the san...

Thanks Suzy for the comments. I had suggested she...

I suspect that she could get in a lodger quite eas...
A horizontal rule
Subject: can i withdraw?

hi.
as many of you know, i found information on h that provedhe was lying to solicitors and hiding financial information. As a result h was keen to reach agreement with out going to court. due to court date, next week ...


YOu must urgently in writing fax and or email inst...

hi er.

you will see on my other pos...


"or get out there and out earn him - that's the be...

hi stuart.

on this i actually agree...

A horizontal rule
Subject: tenants in common

what happens to the marital home if a couple divorce who have children and the couple are tenants in common? what would be the purpose of purchasing as tenants in common rathar than joint tenants?

As I understand it the marital home is always matr...

thanks owl. that all makes sense.
A horizontal rule
Subject: overseas salary

I have a quick question. Stbx works overseas on a contractual basis through an umbrella company . He has maximised his expenses allowance and minimised his net income for tax purposes. He pays tax in Italy and national ins...

Is he employed and paid by a UK company? If not a...

His contract is with an Italian company and he is ...

Even if your husband worked in the UK there are le...

Yes, it doesn't look good. Eeven in the UK the sel...

yip. but that doesn't really help the poster does ...
A horizontal rule
Subject: evidence at last

hi

at last i have proof that h has purchase a house at £50,000 above the value of the matrimonial home. we asked him about the house (before knowing actual address etc) and he said he was renting. we now have ...


How did you get the trust deeds?

Je...


hello stuart.

well, i had guessed w...


sorry. title deeds. not trust deeds.

Great fun. What a find.

You can now...


yes. they each have 50%. we were practically on ag...
A horizontal rule
Subject: Consent Order

I have a consent order which states my ex husband must pay me a lump sum by 16 June. Any idea as to whether I will receive notification that I am going to recieve the money or do I just 'wait and see'? Also what steps do I ha...

Not sure what you mean by notification...
<...


My ex had to pay me a lump sum - 6 weeks after the...

Thanks both for your answers. The divorce actually...
A horizontal rule
Subject: SM & retirement

My husband pays his ex a large amount of SM every month. This was decided by court order on divorce & increased last year(6 years since divorce) after a very costly(£12k) court case.
My husband now has an IVA in plac...


Retirement is a change in circumstances and it is ...

He can almost certainly apply to reduce it if he d...
A horizontal rule
Subject: Bonuses

I have just finished watching itv programme re Divorce. How can my soon to be ex husband hide pay awards and bonuses for the last two years?

Actually it isn't that easy to hide money, unless ...

Yes to both Q. He has sworn in Court that his sal...
A horizontal rule
Subject: Taking my fair share

Hi my husband has recently left me for someone else. I am not sure whether I should do what I can to protect myself financially by transferring 50% of our savings (in his name though) into my account or whether I should wait ...

Its not illegal. Its as much yours as it is his.

i have to say i find this difficult to answer. i h...

I haven't got an answer but I think it would be il...

Sorry, I misread the original post and yes it woul...

thanks for all you comments which I take on board....

I sympathise. It's very unfortunate that your join...
A horizontal rule
Subject: repossession

I have been seperated from my husband for 18 months and we have 2 children. He has recently stopped paying towards a secured loan on the property I am living in with our children. The house is up for sale and although I am ma...

In order to be repossessed the loan company will n...

There is no formal agreement through the court, he...

First advice is to speak to the loan company and e...
A horizontal rule
Subject: rental payment

My husband and I are renting a room to his friend and the ex wife is saying that she deserves half of the rent! Is this right? There was a set amount that is to be paid to her by a particular date in order to buy her out and ...

If something went wrong in the house that needed a...

Sorry, I don't know the answer but hopefully someo...

I forgot to say that you should also check the sma...
A horizontal rule
Subject: segal / connell order.

h and i have agreed that if either of us goes to csa then the spousal maintenance will increase or decrease appropriately so that the same amount of money is provided overall.

however, my solicitor says that af...


A Segal or Connell Order enables courts to order m...

hello. my soliciotr and the barrister dont seem to...
A horizontal rule
Subject: for the attention of divorce divorce

hello. you made a comment on scarletts previous post regarding my position with husbands income. i had explained that he was only calculating maintenance on the half salary which is paid to him directly. the other half of his...
A horizontal rule
Subject: house held in trust

h states that he wants the house to be held in trust for the children so if i die first then house will go to them. this sounds to me like he is giving my part of the settlement directly to the children? how would this affect...

If the house is transferred to you as part of the ...

As Stuart says - it sounds a bit controlling.


hi and thanks.

yes. i have thought ...


You cant really say that about a new partner Why?<...

hello.

had meeting with solicitor a...


Two things puzzle me about this. Firstly, if you d...

hi teadrinker.

the children will be...


Hi TD and Why

The correct answer to...


thanks owl.

all of that was very in...


Why

I don't want to hijack your pos...


hi suzy.

im afraid that, like you, ...


All this talk of giving a new partner a rent book ...

stuart.

a bit touchy there....howev...


Stuart, I undertand your viewpoint.
My dad ...


That's why some of us remain single ;) The childre...

yes. i think i would have a cohabiting agreement t...

Thanks for that STIDW. Does that mean that if one ...

hi suzy.
i doubt its that simple. my solici...


LOL....not touchy at all Why?
Just saying i...


Stuart, I really appreciate your viewpoint - its h...

hi to both.

stuart, i think for me ...


I just think that prenuptuals are an admission tha...

i dont know where you came to all those conclusion...

Stuart. I see "pre -nuptials" ( or putting your as...

hi owl.

you know what owl......? im...


What your solicitor is telling you is that if you ...

ok owl. i thought however, that by placing my asse...

Are they saying just that you will own the house b...

on the last post why that is indeed correct. If th...

hi er.

yes i see your point. howeve...


Why, you are very confused by something that is ev...

Since when do you name trustees in every will Owl?...

hi owl. thank you for explaining. i do now at long...

Here we name a trustee and/or executor. Property i...

thanks owl. you are correct about executors/truste...

Why? The executor and the trustee is not automatic...

Stuart, I won't explain it all further to you or e...

Ooh you are such a patronising little twit arent y...

no. the twit is my h. he is now stating that my wi...

Just mirroring Stuart....

LOL.....


A horizontal rule
Subject: Consent Order

Hi,

After a very lengthy and messy divorce and family court proceedings and consent order was agreed at a FDR and rubber stamped by the Judge. This was back in 2008, the majority for the order has been complie...


I doubt you can ask for the house to be signed ove...
A horizontal rule
Subject: Divorce after 14 years separation


Hi, I'm new and posted this on the general board instead of this one.

My partner has started divorce proceedings against his wife after 14 years of separation. They had no children together, and separat...


Solicitor has given the worst case scenario? And a...

If the assets were acquired post separation then i...
A horizontal rule
Subject: The time has come....

..to sell my house. I should sell it as my youngest is now 18, but all 3 children are still at home. Can I be forced to sell the house to pay my Ex husband his 15%??

What can I do?

Lulu


Sadly there are often difficulties with these type...

Yes you can be forced. Your ex simply has to apply...

I sympathise. I'll be in the same position next ye...

TD has a good point.

If you can tak...

A horizontal rule
Subject: an extreme case

my partner's divorec has been dragging on for 5+ years due to the ex's refusal to engage in any meaningful way. several FDR's have been held and following one penal notice the judge put the ex on notice that if financial disc...

Err.........nope.....all sounds rather dodgy to me...

Has the opinion of a barrister been sought?
...


A barrister have been engaged throughout, hence th...
A horizontal rule
Subject: any point in raising this? does it make any difference?

hello.
h has so far refused point blank to negotiate. it seems to be accept his offer or 3rd trial in july. had good reason for long time to suspect new house is on the horizon for him and gf to move into. their baby ...


Surely any property he purchases counts as a marit...

thats what i believe. however, i believe it will o...

If he has purchased a second home without revealin...

thank you. what is o.c.e.s? i know the development...

Office Copy Entries from the Land Registry - they ...

thankyou
A horizontal rule
Subject: Mortage Payment

Hi I have been married over 24 years and have an endowment mortage which I am also paying 5 different top ups due to short fall over the years
My self and wife have lived apart for nearly a year and I still pay these ...


Why wouldnt it be legal?
A horizontal rule
Subject: advice on divorce

Im new to this site so any help will be grateful.My husband and i split very recently after i slapped him so he gave me a black eye and grabbed me by the throat.I want to go for divorce as i have had enough.What grounds can i...

If you want to divorce him, I believe the only way...

it doesn't matter who hit who first. there was phy...
A horizontal rule
Subject: Canceling legal aid and self representing

Can anyone advise on this?

My ex partner is currently taking proceedings against me. He is choosing to s/r, I have been using a solicitor.

I have been awarded a certificate for funding and have t...


Dont worry.....I can assure you that the work alre...
A horizontal rule
Subject: Left the ex, but want to move on now

I left the FMH 3 months ago and am currently renting, along with paying my ex around £1,000 per month which I have agreed to do until both my kids leave school. One is 19 and going to Uni in September and the other 17 and n...

If you purchase any property either in your sole n...

Gosh that was quick. I doubt most teenagers would ...

I'm not sure what relevence that has to my questio...

You say that you are in the "separated" stage righ...

i believe that getting divorced makes no differenc...

If you have the resources to buy, then all you are...

thats interesting and confuswed me somewhat.
...


I think the judge was probably referring to the di...
A horizontal rule
Subject: Removal of charge on a property


As part of a consent order there was a charge put on my property for when my son reaches 18 or I remarry etc

If i want to buy my ex out before this time I was wondering ........

Do I need...


Depends if he agrees.

If he does th...


why would he not agree?


He does like to put a spanner in the works...


I'd get it checked by a solicitor before entering ...

hi stuart.

i stilldont understand?w...


I think the difference is that if you sell a house...

i see. sounds silly though doesn't it. they either...


......... even though the house is in my n...


as far as im aware. if you both agree a figure the...
A horizontal rule
Subject: both got nothing - how do we sort finances?

Sorting out my partners divorce, and not sure how to go about the finances. They have been apart over five years, and he has nothing of value at all, (20 year old fiesta and 20 year old campervan that doesn't work). No hous...
A horizontal rule
Subject: statement of arrangement for children problem

I'm helping my partner start his divorce based on 5 years separation after his wife took their two year old and left him. They have not been in touch since and we have only just found her address but know nothing else about ...

The statement of arrangment form is simply to let ...

She wouldn't let him see the two year old, and her...

So you're planning on marrying someone who has not...

it seems that the obvious thing to do is enter 'no...

I think Why? is right.

Statement of...


I would just say the arrangements are not known. I...

why do you presume that because he has no assets a...

Yes you are right. This has moved on from your ori...

I know. We get emotive over it. My ex could have h...

I agree with you both. I know men that have conta...

And it's not your problem anyway. It just is all t...

"It just is all too typical on these boards - men ...

"I don't want 365 nights a year to have to be deal...

ER, do you seriously think your children would be ...

LOL @ TD

My son and I got a huge mo...


i think er is simply expressing her feelings towar...

I think all parents need breaks and most would pre...

Just a question tho TD, how do couples who stay to...

one of them (usually the man) goes out for few dri...

Stuart, I was replying to ER's comment about deali...

I just feel so sorry for all these hard done by, h...

I do appreciate what you're saying, Stuart, but ca...

Yes well TD....you know my thoughts on people like...

Thanks for not yelling at me, Stuart. LOL
<...


If you do not complete the Statement of Arrangemen...
A horizontal rule
Subject: child maintenance

Hi. Has anyone got any advice for me, please?

I have a bit of a tricky ex (not unusual, I know!), who despite being very well off, manages to get away with paying less than he really should for child maintenanc...


Not sure what you think can be done.

...


Thanks Stuart. I appreciate what you are saying an...

In the first instant, the csa will go on the suppl...

it is veryt annoying and upsetting when this sort ...

In the words of Dom Jolly....

"you ...


Oh dear another scoundrel who chooses not to pay. ...
A horizontal rule
Subject: seperation please help

hi,
i left my partner july last year, it was amicable and we are still friends.
we were together 15 years but wernt married and have no children together, however she has 4 children 2 of which still live with h...


As you were unmarried your ex partner cannot make ...

ok, thanks,
does that mean the council will...


i dont know the answer to council housing.i suspec...

It would be worth calling the council and asking t...

That analysis of intentional homelessness does not...

My friend was declared intentionally homeless.


that'sa different matter then. it was intentional ...

JohnR sounds right.
What is it with these w...


When you say "get a job like the rest of us" do yo...

That was a bit bitchy Stuart lol, I also work extr...

It sounds to me like she's been bringing up her ch...

i dont think the postersaid that his ex has never ...

Well said, why.


A horizontal rule
Subject: Finacial questions?

Hi I'm at the point of starting divorce proceeding and wondering how this is likely to leave my financial position.

I'm 52 and have been married for 29 years and have three children 33, 22, 16. My eldest has le...


No, your husband is in for a bit of a shock. Afte...
A horizontal rule
Subject: Must Consent Order Be Altered?

All of the things in our consent order have been done apart from selling the house.

The order is that once it is sold and the mortgage costs and joint debts paid our individual debts are paid and we get half ea...


So does the order not simply state that you split ...

The order says that the unsecured debts should be ...
A horizontal rule
Subject: Home advice

Hi All, Hope someone can offer some advice. I divorced from my husband 5 years ago and I still live in marital home with our 10 year old daughter. We had a court order which stated that the house is to be sold and be split 65...

"1) If I carry on paying the mortgage myself will ...

Thank you for the response.

1) I c...


Sounds to me like you are asking if you can get th...

Sorry Stuart you must be mis-reading my reply. I d...

Of course the court order still stands!!
I ...


I think it's a case of exploring the options to mo...

Many thanks to both of you for your comments.


"He was in fact sacked for gross misconduct, will ...

No, don't want any more from the pot. Just want to...

If your offer amounts to the same as if the house ...

Thanks Stuart, Same as you I thought I would not h...

"but he just said he didn't want me to buy it."

I think you need to explain to him in writing / em...

Susan, you wouldnt need an order to get the sale s...

Thanks Stuart, yes thats what i'm hopeing to do. W...
A horizontal rule
Subject: Financial Advice

Hi there,

This is my first time posting on this board but hoping you can help.

My ex and I split up at the beginning of last year. We were together 5 years but married for 19 months. We have two ...


When you say 3/6 do you mean the children stay wit...

sorry no i mean he has them 3 weekends in 6.
...


you are entitled to your share of the equity in th...

Every case turns on the particular facts and it's ...

hi there, thanks for your replies. I have had a le...

Im afraid that it looks very much like you will ne...
A horizontal rule
Subject: Finances and divorce

Never done this before and never want to do it again! Getting divorced.
There doesn't seem to be any standard formula to arive at a financial settlement and yet similar situations must come up many times. It's driving ...


Spousal maintenance is usually ordered on need and...

I have a pension of 100,000 she has one of 37,000....

A good starting point is to consider how everyone ...
A horizontal rule
Subject: Extracurricular activities

I have a Minute of Agreement under which my ex agreed to pay me a fixed figure of monthly maintenance for our daughter and to cover the cost of her extracurricular activities. He is now arguing that dance and drama do not fa...

How long has the maintenance order been in force?<...

The order has only been in force since October 200...

As a rule of thumb, if he lives and works abroad f...

Under which jurisdiction was the Minute of Agreeme...

The agreement falls under Scottish jurisdiction. ...

Ok, if the MoS has been registered through the Sco...
A horizontal rule
Subject: Wills

Does anyone know any good books or websites regarding everything to do with wills please? I'm struggling to find the information I need. Thanks.

Which? used to publish a do it yourself guide to w...

TD, you little sexpot you. I did study them on my...

I think I'm more teapot than sexpot, Simes...


If the will names a lawyer and the relatives want ...

Thanks, ER.

Simes, are you ever going to get off that dating s...

TD, if I ever get back here, which I must admit ha...

Thanks, Simes. I also remember saying Marry in Has...
A horizontal rule
Subject: Investigating cheating & marital infidelity!!!

E Snoop Zone: Email Surveillance Services...


For all those people who want to find out if your partner is cheating or the password to your partner’s Yahoo!/Gmail/msn/AOL and other. Or if you are a pa...


You might as well be advertising hitman services f...
A horizontal rule
Subject: Do women's income really not matter?

Future ex wife is looking for £300 CM despite earning £8k more than me, gets all the child benefit and tax credits (must be worth £500 a month) despite me having him nearly a 3rd of the month.
I'm in expensive rent...


Both parties 'needs,' incomes and obligations are ...

I don't get anything as I earn so much despite hav...
A horizontal rule
Subject: changing a court order

can i do this.
circumstances have changed. ex partner off work sick, paying half maintenance, i now have three disabled children. third son diagnosed. All will live at home for a long time.
atm there is a charg...


You asked a very similar question on 9-8-2009.

A horizontal rule
Subject: Court Costs

Hello Everyone,

I would like a little advice please. A residency case for my children is nearing completion and my ex-wife's solicitor has told me, off the record, that her chances of getting the children back...


Her costs are hers and not classed as marital debt...

Each party is responsible for their own costs unle...

Thank you for your responses. My ex had a legal ...

A costs order for children cases is actually fair...

My ex's solicitor has advised my ex will be having...

Unless a solicitor has considerable experience it ...
A horizontal rule
Subject: Divorced? Local High Street Firm v City Firm

Hi, I am conducting some research with regards to how people choose their law firm in a divorce. So to those people who have been through a divorce or are going through one, what motivated you to choose the firm you have/did ...
A horizontal rule
Subject: Financial settlement

Hi
Can anyone help me, me and my ex have agreed a financial settlement without solicitors but used a contract purchased from the internet, the house has been transferred into my name and he has moved out with the lump ...


Grr... this highlights problems with both separat...

This is worrying my now, my ex did have to go to a...

Tams, If the house is worth £100K and he took £...

Simes/sometimesitdoesn't work

My ex...


Divorce on the basis of his unreasonable behaviour...

Thanks EnglishRose - How do I now start divorce pr...

It's not hard. You can do it yourself. You can als...

Hi All

What are the best divorce pa...


The actual divorce isn't too difficult to do yours...

Thanks to everyone for all your help

...

A horizontal rule
Subject: Settling Finances After Absolute

I got a letter this morning informing me that my marriage has been dissolved. I am surprised as we are still mid negotiation as to the wording of the consent order, I was not legally represented and had not signed a piece of...

Was your husband the petitioner? If so the petitio...
A horizontal rule
Subject: Enforcing a Consent Order Overseas?

Hi, just wondered if anyone out there had any experience of enforcing a Consent Order overseas? I have been involved in a legal nightmare for over 3 years (having been divorced/separated since 1999) and now my ex isn't payin...

Is this maintenance or a settlement of capital? T...

It's maintenance plus a lot of legal costs. The c...
A horizontal rule
Subject: c/m also other issues

i was never awarded or received c/m for 3 children when my A/R proceedings were sorted back in 2000,i it has come to the time now when the home has to be sold due to the trigger events and my ex receives his share %.
H...


crikey.
gather all your thoughts. write do...


Taking the contents of the other post you made: Yo...

Thanks john u made some good points,i think he is ...

The way I see it is that on the face of things:-

There is a legal notion of acquiescence. If he kn...

Simes he normally is a self litigant so i would be...

What are the exact terms of the Mesher order? Oft...

yes the last one is by futher order (sometime) the...

well, you are not remaried or cohabiting so that t...

Why ) cohabitie stole paperwork when he left and o...

all i can say is that anything you can find or cop...

Thanyyou why for your good advice i am dreading go...

The problem with Mesher orders is often rehousing ...

John is right.
So if by failing formally t...


If a Mesher triggers but nothing is done about it,...

Who said no one was working, all the OP said was h...

"is important" ? grrr.. That should be "are" of c...

would i be able to s/r ?on the first hearing it is...

There are two issues.

As regards th...


court mesher order wasin 2000 he brought another h...

Using documents wrongfully taken may lead to findi...

Reminds me of something Sir Walter Scott said.


Any thoughts on the aspect of the fact that he is ...

The situation you describe is not typical. Also, I...

Surely the documents he has are irrelevent. He wi...

JohnR can you come with me? please

...


On the face of it the simple way forward has surel...

would the fact that the cohabitee has only now dec...

It is i would think to get back at me because he h...

I rarely go anywhere these days. In any event. Lei...

Also go on nethouseprices.com and look at real sal...

englishweed ,i will disregard your useless post.
A horizontal rule
Subject: questionnaire and statement of issues!!!!!!!!!!!!!

Help.. I need to submitt the above next week and do not know what I am suppose to write. Can anyone give me some pointers please?


please can any one help
A horizontal rule
Subject: ancillary relief

BACKGROUND

Marriage duration 7 years
No children
No property
Had a matrimonial account which had £ 9,000 at time of separation.

a divorce petition based on 2 years separatio...


I am sure u hav to wait 4 decree absolute,i have ...

If my wife becomes a petitioner and I become the r...

the divorce can be finalised (decree absolute) lon...

If you want a clean break by consent, then you wil...

As John says the only sure way to finalize a settl...
A horizontal rule
Subject: how to stop a financial order by respondent on d 8

BACKGROUND

Marriage duration 7 years
No children
No property
Had a matrimonial account which had £ 9,000 at time of separartion.

I am filling a divorce petition based on 2 y...

A horizontal rule
Subject: Barrister says if won’t get clean break

Hi ,
I was in court on Friday. X2be has applied for Spouse Maintenance, Child Maintenance and a Lump Sum.... not sure how many other check boxes there are for women .... Sorry women!

Anyhow, I’ve ask...


Regardless of gender spouse maintenance is paid by...
A horizontal rule
Subject: Non-EEA family member retaining residence in the UK?

Hello

I am an EEA national residing in the UK, my Egyptian husband joined me just over one year ago, he was granted 5 year residence here on the basis of being married to me. We have been married for over 3 yea...


Not really sure what it is you are after to be hon...

No, I don't want him to be deported, after all, he...

Not sure what this really has to do with the mecha...
A horizontal rule
Subject: enforcement of consent order

have received a D11application from ex to force me to sell my home due to a trigger from consent order. trigger he states is cohabitation ,a friend did move into my home and stayed for 3 years,my ex always was completely awar...

Not sure he will get anymore money but I think he ...

Stuart the paper work he took was benefit letters ...
A horizontal rule
Subject: Form D81 and Disclosure

Hi - I recently got divorced from my husband and we amicably agreed to a consent agreement last year which involved me paying him a sum of money for his beneficial interest in the properties we owned (some him, some me, some ...

I don't think so. If you can challenge for materia...

my solicitor has been advising me recently about b...

In certain cirucmstances a bankruptcy trustee migh...

Thank you all - its comforting to hear this.
...


There is an an analysis of the case law at the fol...
A horizontal rule
Subject: How do I stand

Hi all,

I had a very short marriage - just under 3 years. Been divorced just under 5 years now. I haven't paid spousal maintenance as none was request but I have paid CM based on CSA rules since day 1 and never...


The CSA considers contractual redundancy pay as in...

Thanks for this!
So it's best to keep my m...


if you have any money at all then surely you shoul...

I haven't said I won't pay plus she has remarried,...

sorry.i dint mean to be offensive. i thought from ...

If you are in England the final divorce financials...

Surely since she has remarried she is not entitled...

Who was the petitioner for divorce? With regard to...

what is the remarriage trap?

The "remarriage trap" refers to s28(3) Matrimonial...

Having contacted a division of CMEC today they hav...

Was your wife the petitioner for divorce?

Yes she was

In that case there is every chance the boxes claim...

I'm not sure exactly what all that means??

In the divorce petition the applicant is asked if ...

Thanks for your explanation. I'm not sure if this ...

If there is no court order settling the finances t...

Blimey that is so unfair. That is literally having...
A horizontal rule
Subject: Quickie....

Just a quick question....

If A & B get a divorce but dont finalise their finances (ie, nothing written giving clean break) and then either A or B comes into money either via inheritance or a lottery win then do...


Potentially, yes.

i would assume that it would only apply however if...

Stu, has the one wanting to make a claim remarried...

Thanks Simes....made me laugh....

B...


Stu,

Its a bit more involved than n...


Stu, asuming you are not the only beneficiary in t...
A horizontal rule
Subject: tax implications on remarriage

So for some reason the ex has written to me asking me a question about tax implications and him getting married seriously what planet is he on.

He said that when he gets married he will not be able to pay any ...


Kat....he is pulling your chain...

...


Kat, IGNORE,IGNORE, IGNORE.

Go and...


Kat ignore him. He is liable to pay SM unless he a...

Id keep the letter actually....

Mig...


I would write a short email back saying he cannot ...

I would write back explaining that you will charge...

Why bother wasting time and breath on communicatin...

Did not respond to that letter but kept it on file...

Well done Kat. I know how hard it is to ignore th...
A horizontal rule
Subject: slippery slope in wrong direction

as some of you know, h had initially offered to pay mortgage until redeemed. i was totally against the idea of h paying mortgage initially. given the lack of trust and his fecklessness with money, the very suggestion was ridi...

why?
Why don't you just sell that damn hous...


There are different options, for example a Mesher ...

thanks stidw.
does amesher order however,no...


You are either going to have to stay with the curr...
A horizontal rule
Subject: No sharing of tax credits

I've never earned as little as to get one iota of tax credits and I'd abolish them and replace them with lower taxes but anyway... this might be of interest...


No child tax credit for part-time father

i didntrealise that ctc could not be split so that...

I think it's very wrong lazy mothers who choose no...

ER has it ever occurred to you that without an au ...

Tax credits aren't benefits. They are paid to 90%...

hi owl.
thereare 2 areas. working tax credi...


Is it just me or does anyone else find ER's posts ...

I don't find them offensive Stuart.

...

A horizontal rule
Subject: Form E

Form E’s have been submitted to court. Are all settlement calculations based on the figures on Form E or will the based on the figures at the time of calculation? Can Ex get away with spending some buy paying legal bills?

can anyone help?
A horizontal rule
Subject: advice

Hi all 1st time on this board and bit scared.
Ok things arent working out after quite a few months of trying so we have bith agreed to go our separate ways. We have 2 young children that i love dearly. We own a house ...


It's not a bad idea to see a solicitor independent...
A horizontal rule
Subject: measher order

I canot afford to pay off the x2b, so looking to agree a measher order - so the family home would be sold when the youngest child leaves school, she is 14 at the moment. He is not paying anything towards the mortgage or life...

Usually the person living in the property is resp...

if you are definately going to have to sell the ho...

You will be required to pay for the upkeep of the ...

i would never ever have agreed to a mesher orde...
A horizontal rule
Subject: Preparing for FDR

Hi First time on the board . I am representing myself, cant afford a solicitor. My ex has a solicitor and it frightens me how much it will cost. Managed to survive the First appointment, now awaiting date for FDR. I currenty...

Best to stand back and keep emotion out of it. Emo...

Tony you are not saving on your ex's legal fees by...

LOL.....I love it when solicitors make threats and...

If someone says contact me only through my lawyers...

Aha but thats where solicitors get it wrong....man...

Stuart solicitors have no personal interest in whe...

I suppose the legal issue is if someone says do no...

"All contact to go through solicitors" is just pla...

In our case my ex's straight forward answer was ...

Ah well, sometimes it's the opposite and the perso...

Many thanks for all your comments, i am amazed by ...

Suvla, I appreciate your comments but with respect...

There isn't sufficient cause for an injunction but...

"Stuart solicitors have no personal interest in wh...

Stuart all family lawyers I know tell their client...

Owl, point taken and agreed regarding contact, but...

I don't think it cuts down on anything for Tony Su...

Thta's what I said - it would cut down on cost for...
A horizontal rule
Subject: marital home/ mortgage

having found a lender who has given me an agreement in principle and will process application prior to consent order but cant consider final application until consent order is approved and then face possible knowck back at la...
A horizontal rule
Subject: can ex2b legally force a sale

My ex wife 2b moved out 15 months ago "to have a chance of a proper relationship" with her new partner. She is living in rented accommodation with him being round there at least 4 nights a week (is this enough to be classed a...

The only way she can "force" a sale is by getting ...

Thanks for the comment I cant really afford to buy...

Well, dont worry....she cant pull the carpet from ...
A horizontal rule
Subject: DIY Court Process for a Consent Order?

Hello everyone,

Glad I found this site...I've been following for a while and really hope that someone can help with my question...

I recently seperated from my partner of 20 years (unmarried) and...


There are certain matters that can be done DIY wit...

Blimey, thanks for that. Because this concerns jus...
A horizontal rule
Subject: First appointment

What happens and how long does it last?

In a nutshell at the FA the judge decides how the ...
A horizontal rule
Subject: Tertiary Education & Gap Years

Apologies if this is covered elsewhere but I can't locate it. I'll bullet the relevant facts:

- Child in final year of secondary education (A level college)
- Child is now 18
- Court Order (from 2...


I just answered a similar question below;
<...


Thanks for the information, but as awlays there is...

Yes, I agree there is always a "however." The prob...

Our court order says I pay school fees and the ter...
A horizontal rule
Subject: Nightly stays reduction - Maximum?

Hi All

Our second question.........

My partner and her Ex Husband split / divorced in 2005. (12 years married)

The 3 kids stayed at his house but my partner had the full day to day...


I would say that the father is the parent with car...

As far as the CSA are concerned the PWC is the par...

Hi Stuart

Sorry if my post ( and t...


James, which new rules do you mean? The introducti...

Hi

We had been looking at the new"O...


As far as I'm aware CM Options are trying to move ...

Thank you for that.

I think you hav...


lol - Actually you have hit the nail on the head. ...
A horizontal rule
Subject: CM for Uni. Does NRP have to pay?

Hi All

After many years we are back with another question

Brief background

My partner and her Ex Husband split / divorced in 2005. (12 years married)

The 3 kids stay...


Jeez....you really do seem to have an axe to grind...

Yes, under schedule 1 Children Act 1989 over 18s i...

Thank you STIDW

Long late night cha...

A horizontal rule
Subject: CSA question

Hi all,

Just need to ask advice as I have tried to phone them.

Ex decided to reduce his payments without a reassement or proving his income had changed this was 12 weeks ago, I checked with the c...


Kat, if he has underpaid, he will have to pay what...

Hi Simes,

Thank you for the answer,...


Kat, I wouldn't give him any money back. In his tw...

CSA payments are calculated on the average number ...

"He is taking the kids away for a week so was goin...

CM is for one child only and I have had to use it ...

kat. i am horrified that you even considered givin...

Thanks why? for the response, after finally speaki...

i really feel for you kat. it just shouldnt be the...
A horizontal rule
Subject: Effect of new/old partner on Settlement

Hi All

Sorry to post on this subject again, thought it was all sorted until last night.

I wonder what the general opinion is out there for this situation.

Basically had an agreemen...


If your ex wife is cohabiting with her ex husband ...

Thanks stidw, but I dont fully understand that the...

I'm not saying you are being unfair. If someone c...

In other words she's not remarried her ex husband ...

Final Update

Thanks for the advice ...

A horizontal rule
Subject: Settling after break up

Hi everyone.

My story is that my wife and I recently split up after 14 years of marriage and we have kids.

I'm keen to make it a 50/50 split and get on with my life as she has made it clear she...


It all depends on a whole load of factors...
...


The actual divorce and finances are treated separa...

Move back in. Don't agree to leave until she buys ...
A horizontal rule
Subject: Question about division of finances under scots law

My X2b and I have been married for 8 years and seperated a year ago. We both agree on filing for divorce but trying to reach an agreement on financial matters. Thankfully there are no children involved.

My fina...


The clean break underpins Scots law and spouses ar...
A horizontal rule
Subject: How do I get free of this?

Hello everyone,
I hope you might be able to offer some advice. I am in the beginning stages of divorce, we were married for 5 years. She had the property before I met her and I am happy to have it signed back over to h...


Although the family courts can order transfers of ...

Who earns the most - you or her? Next time make su...

ER, are you fo real??



ER,you churn out the same reply about hooking up w...

I am not too clued up on how to go about it but co...

Sorry that was a typo in my last post - I meant "...

(but your other half LL must haev earned enough to...

ER, my ex was paid more than me - and still is. (N...

You're right and the average wage is only about £...

Thank you for your replies. We have no children. I...

Stranded, she cannot continue borrowing and commit...

Thank you for your reply Paddington, may I ask why...

er.
your advice to women about making sure ...

A horizontal rule
Subject: What if I walk out on my wife

Our mortagage and life insurance is in joint names. I pay every payment.
All other household bills are paid by me and are registered in my name.
My wages do not cover the outgoings and slowly the credit card deb...


"Incidently I am covertly recording these outburst...

I like the last bit of Stuart's advice. Divorce is...

Why does your wife "go off on one"?

...


Why should you leave rather than her? Do you have ...

"Why should you leave rather than her?"


Happens a lot though.

reality check. his wife only works one hour a day ...
A horizontal rule
Subject: Bank Statements

Ex's sol is requesting 3 years of bank statements. I thought I only need to supply 1 years worth?

It depends on the circumstances. There are occasio...

so I can offer 12 months and if the court requests...

On your Form E you only have to supply 12 months, ...

we were going to ask for 2 years statements but fo...
A horizontal rule
Subject: Assignment of endownment policy

I have an endowment policy in joint names. As part of the settlement, I have to pay my ex half the current surrender value at which point she must " assign all her interest in the policy". In other words, I will continue wi...

yes it would be. Get her to sign it and ideally ge...

Thanks ER. I have written back to the insurance c...

..and the good news is that they have now decided ...
A horizontal rule
Subject: Ascertaining precise income for CM

STBXH's sol has drawn up a consent order which provides for periodical payments for my sons at "20% net income. Net income defined as gross income less tax, national insurance and any payments made in respect of any pension ...

M1 is a simplified financial statement which has t...

STIDW - Thank you very much for your prompt reply....

Whoever drafted this has made a mess of it. Nothin...
A horizontal rule
Subject: Cheap divorce


My partner & I have been separated for a couple of years now and I'm now looking to divorce. The main problem is that we don't have much spare cash to spare so we want to keep everything as cheap as possible.
I...


When you live in Scotland, there are no children u...
A horizontal rule
Subject: Am I divorced or not? ... help!

I received papers from the county court this week - ive had no previous notice of this.

It states that hereby certified that the said decree was on the ...date... made final and absolute and that the said marr...


If nobody else comes up with a better reply, I wou...

Answered on the other board.
A horizontal rule
Subject: Child Maintenance

Hi, am new user to the site although I have referred to it on numerous occasion over the years and am looking for some advice please.

Separated in 05, divorced in Feb 08. Exh suggested and agreed to pay CM £2...


Good you have decided to join us.

...


Thank you very much for your reply. I will not ha...

So STIDW what you are effectively saying is that n...

If only it was that straightforward. Ultimately M...

Its like an episode of soap.....for those of you o...

Yep, I remember it! lol

Soap?

Look at:

http:...


remember soap lol,

I know the CSA s...


Thank you Kat007. I did not attend court but wrote...
A horizontal rule
Subject: now im curious

as many of you know, h offered to pay mortgage until cleared either sooner or within the agreed term.

after much thought and reading of his offer i realised that he referred to the spousal maintenance and the m...


Why, I think one of your main problems is that you...

hello owl.

you are absolutely corre...


"you are absolutely correct. i dont know what ques...

Owl, there is some excellent advice there.
...


thanks folks.
i do need to discuss things t...


Why, you have probably unwittingly spent the last ...

hi owl.

thanks and yes i know ive g...

A horizontal rule
Subject: Inheritance entitlement

My wife and I are going through a divorce, petitioned in the new year.
Last year (July) my father in law passed away, he leaves an estate worth a considerable amount of money. The estate is eventually to be split betwe...


Financial settlements depend on all the facts part...

And what does that exactly mean in laymans terms?....

In layman's terms it means it isn't clear cut whet...
A horizontal rule
Subject: Clean Break Order

I was not sure which board to put this on so I have covered both. My divorce finally came through today, I was the petitioner and he was ordered to pay costs... the thing is I got a letter form his solicitors asking me to sig...

Basically it is saying there will be no order for ...

I am not claiming anything .. and I did a bit of r...
A horizontal rule
Subject: expenditure on third party

one more thing.
is it reasonable for me to say that i want h to pay back my half share of the funds used to finance his gf's holidays, jewellery, clothing and household costs?
she does not work and the financia...


Naaa....I reckon you have no chance of succeeding ...

When the court divides assets and resources, it is...

the liquid assets are pretty good although they on...

Well actually, he will have to account for any sig...

From what has been said, the impression given is t...

h has fully furnished a large 4bedroom house. we a...

You have stated that in the normal course of event...

the savings account does not allow either party to...

Why, earnings are just that earnings from business...

hello. he is meeting this expenditure by credit ca...

I cannot see how you can have a savings account th...

no john, sorry. i should have explained. we have a...

I think the issue here is that where there is an o...

thanks john.

yes, i appreciate its ...

A horizontal rule
Subject: understanding sm

ok. i understand that sm on a joint lives basis just means until cohabitation/remarriage/death. ie: it could just be paid for a year or it could be paid for life. one extreme or the other by the sounds of it.

w...


Any change in circumstances and either party can ...

thanks stidw.
so basically, if it isn't sta...


"IT might be SM is reduced as you start employment...

i think stidw means that even if my income does in...

Unless the court varies the amount of SM or the t...

That just smacks of greed STIDW IMO....


Everyone is entitled to an opinion but the only on...

I understand this where there has been a long marr...

i dont think that just the length of a marriage in...
A horizontal rule
Subject: what conditions would you recommend?

if h pays the mortgage am i able to state that it must continue as a repayment mortgage and that he can not change it to interest only?

am i able to remove my name from the mortgage in order to prevent being ch...


Hi Why

I'll answer your questions i...


Why, am I correct in thinking that your ex is subs...

hi guys.

i have been getting financ...


"if h does not agree to an arrangement which allow...

thanks for all your input.
although there a...

A horizontal rule
Subject: Obstructive and defying final Order

No children involved. No mortgage or loans. Decree absolute issued. Sealed Consent Order requiring sale of FMH with proceeds shared equally. H sole occupier of FMH and financially well off had agreed (2 years ago) to sell th...

Why not ask for vacant possession and control of t...
A horizontal rule
Subject: Spousal Maintenance

Hi, am new to this site.
I have been separated/divorced for 5 years. Met a lovely guy last year and he proposed on New Year's Eve. My ex pays very good child maintenance and spousal maintenance. The Consent Order sa...


If the consent order says SM continues until you m...

That's right. I assume you earn less than your ex....

lol....let them eat cake.......
A horizontal rule
Subject: Here we go again....

Back to court today.

No idea why.
Was it his solicitor who held up the order?
Was it him?
Why would he want a hearing when he agrees the handwritten signed order is binding?
Wha...


Keep us posted!

Well, it didn't happen. Hearing called off two hou...

Suing his barrister - he is mad! Get settled ASAP...
A horizontal rule
Subject: Women who want it all!

My partner is just going through a divorce and i am trying not to get involved but his Ex is being completely unrealistic, incredibly selfish and greedy in her demands. It was supposed to be about needs, not wants but she is ...

See answer below.

It's their busine...


Yes, I think you have to be very careful not to ta...

crikey!
at first glance i thought this was ...


Funny, I thought that too why!!

not a good country to be the higher earner in. I e...

Yes, but lots of men just want the woman to stay a...

ER, are you saying that all men should marry women...

Erm......
All I wanted was a partner of equ...


WQell if he has a baby with his new woman and give...

hi k.

i think it is important to ke...


I agree with Why. When I read the comment "On top ...

when i first met my h, his money didnt impress me,...

Thanks to everyone who added their bit but I'm sur...

Sorry, didn't think it was about me, thought it wa...

I wish I had £1 for every person who says their p...

I'd also like £1 for every new partner who is con...

Wise words and great advice from STIDW. Also Teadr...

K, as you were looking for some practical advice, ...

The intital question was not about the children at...

Sulva, 99% of people word their frustration in exa...

Actually Sulva, remembering the way it happened, I...

Paracetamol not recommended. It gives you time to ...

Sulva, I didn't do the Paracetemol because I didn'...

Well as a non money-grabbing and non contact-block...

I think if you hang around FnF it isn't surprisng ...

It's amazing to read the differences of opinion fr...

K wrote;

"his Ex IS lazy, manipulat...


You shouldn't really insult people if you want con...

K you ask in your first post for helpful advice.
A horizontal rule
Subject: How to find out who is registered for council tax?

Can anyone advise me how to find out who is registered to pay council tax at an address.
My ex partner is now living with someone else and is claiming to have next to no income (hes a company director, within space of ...


I dont quite understand why you would want such in...

Hang on...Im a bit confused...

Your...


hi. this is precisely the sort of thing i am going...

Were you married to him or just partners?

From what the OP is saying, it looks like there is...

Thanks for all your posts...

No we ...


Income can drop like that. I know people where it ...
A horizontal rule
Subject: Would you like to talk about your divorce experience?

I am looking for women aged 25-40 to talk about their experience of divorce for Fabulous magazine (the glossy lifestyle magazine that comes with NOTW); we can pay a fee for your time.

If you.....

...


I am looking for women aged 25-40.

...


You live next door to my ex?
A horizontal rule
Subject: Common Law Partner, Mortgage, House Sale

Basically:
House has £50k equity.
Joint tenants (so 50/50).
X pays ~75% of all bills.
Z pays ~25% of all bills.
X wants all bills and mortgage payments to be split 50/50.
X wants Z t...


In which part of the UK do you live? The law with ...

Thanks for your reply STIDW. I'm in England and we...

As you are unmarried and have no children, I can u...

If you are unmarried and still both living in the ...
A horizontal rule
Subject: cm and sm in redundancy

Ex informed me that he is being made redundant. Know he will get at least a years salary in redundancy pay. Know he is starting up new business ventures, probably in his wifes name, so as to avoid it being 'income'. Have a co...

As far as child maintenance are concerned the cour...

And it remains lawful that if a new couple have a ...

Many thanks.

He is currently paying...


"So, not a good idea to agree to CSA as it will vo...

Think my ex might be surprised if he applies for C...

If there is evidence circumstances have changed th...

"Think my ex might be surprised if he applies for ...
A horizontal rule
Subject: mortgages

hello.
i will be phoning my current mortgage provider to get answers to my questions and i have a financial advisor assisting me to. however, in the meantime id like to ask the following.

if i pay my ow...


I think that the best advice anybody to can give y...

hi. yes he is a high earner and has high borrowing...

Is a lender likely to allow someone to remain on a...

hi stuart.
are you saying that if he was pa...


I may be wrong but as far as I am aware, if he is ...

Personally why? I would try and rid myself of him ...

hi.

i think ive been panicking over...


Why, you are right to look at budgeting. There are...

Sit down with a calculator at the computer and wri...

thanks for the basic facts er. yes, ive obviously ...
A horizontal rule
Subject: The party is over...

My new partner is in the throes of divorce, which is becoming increasingly more complicated for us as a couple. I am divorced, so have a certain understanding but I feel something is not right. Perhaps the advice he is being ...

"Question #1: Can she really just stop it? "
...


Many issues here really so will see where i can ge...

Good advice already. but I would like to add that ...

Thank you both, Kat and Sometimes. Very helpful in...

Alisha,

It is good to see that you ...


Thanks a million Kat. May take you up on the offer...

Dont worry about being "named".

As ...


Sorry to disagree, but in my case it was relevant,...

yes. it could be argued that it is relevant in my ...
A horizontal rule
Subject: Another year, another hearing...

Hope everyone had great Christmases. This one was supposed to have been spent skiing with my daughter but it didn't quite work out that way.

Seven months on from our Final Hearing absolutely nothing has changed...


The other side are playing games and I think you s...

Thanks, it's difficult to know what to do.
...


Suvla, take your solicitor to the hearing. Most of...

Well, to be fair, my solicitor doesn't actually kn...

Sulva, Hi obviously you are in a quandry bles you....

So sorry to see this chunders on...
You sou...


So so stressed...last week he sent amessage, perfe...
A horizontal rule
Subject: in a pickle - settlement options again

hello.

h has offered to continue to pay mortgage payments and sign house over to me. he promises to clear mortgage in 18 years which is the term, however if he continues to pay at the monthly rate we have been ...


Without details of the finances it's impossible to...

hi.

the mortgage we have relies on ...


h has also sent texts stating that i wont be able ...

Good to know you had a good Christmas. Mine didn't...

Or you could have one like mine who agrees to an o...

thats a relief. just began to wonder if he knew so...
A horizontal rule
Subject: settlement options

is it fairly common/ reasonable for one party to gain a 60/40 split of the marital assets when the other party has a far greater earning and borrowing capacity? in h's case, there are also assets which arguably may or may not...

I don't believe morally in a spouse in a divorce g...

When there are enough resources to meet the needs ...

yes. however, the business was started during our ...

in my view. h would be supporting me as i did him ...

Your solicitor would not be in a position to advis...

In a post above, you refer to him buying the share...

hi jr.

in our case, only h's salary...

A horizontal rule
Subject: general enquiries regarding equity

is equity considered a liquid capital?im assuming it isn't.

if h retains his equity in the house, and i am paying the mortgage, i'm assuming he will recieve his equity on triggering event at the current value? ...


Your H's interest in the property would increase i...

whats a charge back?
A horizontal rule
Subject: why is cm capped?

does anyone know why child maintenace is capped at £8,000 net per month through the csa?

Because above that amount the courts have jurisdic...

or even because what child needs more than that? W...

ER, it's the assessable income which is capped at ...

hi er. every situation is different. but if childr...

The bottom line is that both parties to divorce us...

thank you.

One way to ensure they keep upj their clubs is get...

hi er. if i was out there working the hours you se...

Ruddy bloody hell Why?.....

How muc...


hi stuart.

i guess im thinking abou...


Aha yes, but Heather Mills Mcartney is just a gras...

yes, perhaps. however, but i think you have to agr...

sorry, i should say if he was paying only £1,500 ...

So you reckon you would need £2K per month to fee...

the figure includes feeding, clothing, uniforms, s...

Sorry Why? but what sort of lifestyle are you aimi...

i cover my own costs in sm. childrens costs, inclu...

"regarding lifestyle. i am looking for a comfortab...

yip. i get what you are saying. the bit about abou...

I think perhaps you are missing the point....


no. im not asking for luxury and it wouldnt be for...

LOL.....if you had an ex you could trust then you ...
A horizontal rule
Subject: motgage advice

hello
ive been getting some basic general information from finance advisors who tell me i can get a mortgage based on maintenance payments. however does anyone know just how realistic this is? i am concerned about the ...


Whilst a financial adviser may be the way to get t...

yes. apparently there are lenders who specialise i...

Financial advisers might try to sell you policies ...

yes, clearly i am well aware that i will have earn...

IN the real world plenty of full time working wome...

correct in some ways er. yes ofcourse m,any women ...
A horizontal rule
Subject: Mortgage after separation

Been with my partner for 20+ years & married for the last 7. We are both 41.
We have a 4 year old daughter & are about to separate. At the moment we are both still in the family home.
I earn 25K Gross full time<...


I think in order to give you an answer we need som...

No other liabilities/assets, no debts no credit ca...

Be wary of listening to barrack room lawyers. Ever...

I agree. Neither of you earn much and you can't be...
A horizontal rule
Subject: Solicitors Bill need some advice

Hi all,

Just wondering if some can give me some advice on this.

My ex was order to pay a the costs from financial hearing and he hasn't done so yet. He is taking me to court again next year regar...


Kat
Are you saying that all of the money th...


Lizzie, if the sort of breathing you do deserves t...

Sorry Simes - I had forgotten about the way you ea...

Lizzie,

What I meant was, if your b...


Ok actually recieved the bill today being xmas eve...

Kat, yes you can, and if it comes to it ask and I ...

Kat, I agree with Simes. The way the legal system ...

Thanks fot the response will get this C**p sorted ...

I am in a similar situation, only thing different ...
A horizontal rule
Subject: whats the chance?

i have noticed in the business valuation that there is a pension fund. i know of no pension that h has but now im wondering whether its likely he has one and has never told me about it?

i understand the fund wi...


Lol....Do you sit up at night going through everyt...

hello you.

seriously though. its on...


Hi, Im really glad you didnt take offence at that ...

It will be the company's. your ex may be entitle d...

ER
Due dilligence is something that is carr...


Pensions should be disclosed and if there is evide...

SIPP's can produce problems in divorce, and someti...

(I certainly think people however much they love a...

hello. first of all i should point out that he has...

H may not have paid money into a SIPP. Investors m...

I think this is degenerating into speculation.


What if....

my ex had a cheque for ...


Perhaps I wasn't very clear. I'm not suggesting th...
A horizontal rule
Subject: straight forward questions for a change.

hi.
can someone please tell me whether maintenance is paid net. ie: what ever figure is agreed does not then have tax deducted?

secondly. what happens about inflation. does the maintenancepayments rise w...


There is no tax to pay.

Maintenance...


thank you.

We might get huge inflation though like the date o...

With a flat rate if there is huge inflation or any...
A horizontal rule
Subject: form e

Form E's should be exchanged over next week. Can someone please advise as to what I should be looking for in EX's form. I am sure knowing EX that the figures ie monthly expenses as going to be distorted?
A horizontal rule
Subject: Pension Sharing

As you may remember I was awarded 100% of ex's pension in the financial hearing, this was all sorted and the pension according to his solicitor at the time said the paperwork would be heading my way. Well Ex sacked solicitor ...

Presumably you must have the details of the pensio...

No this is where the problem lies, I have neve rec...

His solicitors won't do anything without him payin...

Hi Kat

you may have seen I recently...

A horizontal rule
Subject: biggest mistake of my life

I' reposting on this board as I think I might have posted tp wrong one

I recently remarried and very shortly afterwards realised I had made a big mistake. I'm totally at a loss of what to do and where I stand. ...


Answered on the other board. ;)
A horizontal rule
Subject: spousal maintenance

Hi
Can anyone help…..
If my monthly outgoings are considerably higher than my monthly income can my EX still claim spousal maintenance?
Is this possible?


It depends on whether the monthly outgoings are re...
A horizontal rule
Subject: Clean Break Orders/Maintenance

Hi, I have been divorced for a few months now with a clean break order in issue as there were no financial issues between us. My Ex always paid maintenance voluntarily however this has now stopped. Can I still claim for mai...

I assume you are referring to child maintenance?

Hi, it is child maintenance. We are both financia...

There can be no clean break from paying maintenanc...

Many thanks. I reckon we can probably sort this o...

Well done. It is so much better if you can agree b...

That is the real issue. If you work full time as I...
A horizontal rule
Subject: Disabled Persons' Boarding School and CSA

HI

Been a while but need some more advice, please

My son is registered disabled and as such there are some extras provided by his school which are very much appreciated. He is in a special needs...


As far as I'm aware grounds for the non resident p...
A horizontal rule
Subject: general advice please

My wife and l are seperating after 23yrs of marriage, we are both aged 47yrs, we have one dependant child aged 2yrs, could someone tell me once we sell the house what a fair split would be? once the mortgage is cleared we wi...

It would depend on your salary, as spousal mainten...

My take home is 1800pm after tax, when my wife was...

With an income of £1,800 you are extremely unlike...

Many thanks for the replies,

The o...


There is no mathematical split per se. How much de...
A horizontal rule
Subject: whats considered regarding income?

hi. h has been basing all his proposals on his income from one business.
h takes an annual salary and this varies from year to year but has increased dramatically year on year. almost the entire profit from one year to...


Although director's dividends are not included in ...

thanks stidw. yes. i contacted csa and they told m...

Surely the car is a businesss expense so presumabl...

er. the bentley is not a business asset. it is pai...

The car is a red herring and is likely to be seen ...

hi. i understand the debt side of it, however, is ...

It's the overall picture that is important, don't...

thanks stidw. yes, this is the problem. its the sc...
A horizontal rule
Subject: child maintenance

hi. ok. i understand that if applying for child maintenance through csa then they will give 25% if its for three children. i also believe that they will give h a further reduction for having another child which is due in marc...

It's not so much a question of hiding earnings, ra...

thank you.
A horizontal rule
Subject: interest in pension

Hi Folks,

Could somebody please advise me how to register my interest in my ex' s pension.
I was given a % of his pension when we went to court and it is in a consent order.

Do I need to c...


Are you saying that there is a consent order which...

Thanks for responding to my post John R- i know th...

If the pension was shared, then a pension sharing ...

Thanks JohnR
A horizontal rule
Subject: Mortgage Forms LOL

I know this isn't funny really but this is what has happened.

Got back found a letter from mortgage company, it says thank you for your application to change your mortgage from repayment to interest only we are...


Kat run this past your sol.

I agree with Owl - this is not funny. I would also...

LL,

Yes he does think I am stupid w...


kat. keep going.this is precisely the type of thin...
A horizontal rule
Subject: Form A

Any tips on completing form A? I am going to submit this in the new year as ex is not showing any sign of wanting to exchange form E's. I assume that delay tactics are being used so that accounts can be cleared and credit car...

Without facts it's important not to jump to conclu...

PS You tick the boxes for all the orders you wish ...

Not sure what the Form A is - but the form E has t...

Can anyone please suggest to me why EX is delaying...

There could be all sorts of reasons. Some people d...

ok so its not the fact that ex is running up perso...

There are all sorts of reasons. However, if the d...

all i can say is that h delayed for 5 months, then...

WHY - will your H's spending stand up in court. Su...

can one get away with spending thousands and getti...

It really does depend on the circumstances. As I s...

hi. so far court seems to have been a waste of tim...
A horizontal rule
Subject: Occupation order & Non-Molestation Order

Hi All,

Well thing have now taken a turn for the worse. The XTB (hopefully) has now applied to get me removed from the FMH via an Occupation order and has also applied for a Non-Molestation order as well. Oh ye...


Have you been served with papers to attend court?<...

Stuart, Yep two boys still at home, daughter who i...

The important thing is not to let this go to a ful...

£15000 for bringing a non mol and occupation acti...

Yes I'm sure, Stuart. Costs can run at about £12...

OK people. I understand the cost issues. So are yo...

I Hate all this, why do you think you will have to...

No, not saying that at all. Your wife might not g...

Hello All,

Just a couple of facts t...


As pointed out, what the ex wants and what she get...

An occupational order can restrict the parties to ...

I find the law offensive. I could have got one of ...

You may have a point about the law being offensive...

i can understand that for financial reasons many d...

why, it depends on the individual circumstances bu...

If I move out or am forced out. She will not make ...

I wouldn't jump the gun. Wait until the hearing to...

How did it go today?

Hi All,

Just a quick update on yest...


That's good news. Onwards and upwards.

So you havent be forced out then?
A horizontal rule
Subject: sale of MFH

Sorry new to this so don't know all the acronyms. In a very condensed way the situation is I live with my partner and his two kids (teenagers) and we rent a house. His stbx is still in family home (mortgaged 3 bed house). F...

When there is a final order settling the finances...

It sounds like he is married to her. Is he divorci...
A horizontal rule
Subject: House Price Crash - Ex's Charge will Bankrupt Me

I divorced in 2006, sold FMH, bought new house, with charge to ex for 20% of value of new house. At the time, we all expected house prices to keep rising.

My problem is that I bought the house for £300k with a...


I think you are on thin ice. There have been sever...

As well as taking legal advice speak to your ex. Y...
A horizontal rule
Subject: Tax Credits

Hi All,

Caught wife with another bloke last Xmas and have been living in the house together while the divorce is sorted. I still pay the same ammount of money into the joint account for running the house and ha...


Id be careful that my name couldnt be dragged into...

If you are claiming that you are living separately...

evr,
We are still living in the same house,...


What I think you need to do is stop paying any mon...

She still has access to your salary? Thats madness...

Oh, meant to say, "both to sign" doesnt affect dir...

I agree with Owl.. It's a pity she can't get a ful...

That was a bit dis-jointed ER...you been on the co...

i dont know. it depends very much on the individua...
A horizontal rule
Subject: court costs

I have just filed my for A for ancillary relief.
Can any one give any idea of the approximate legal costs that will be associated with the court process. I know that my ex will be after every penny so I don’t assume...


It's rather like asking how long is a piece of str...
A horizontal rule
Subject: What is a clean break order …..

I owe my ex husband £400 for our divorce (costs)

If I go for this order will I still have to pay the £400 costs thanks


Not sure what you mean....

Clean br...

A horizontal rule
Subject: Trying to sort out financial settlement…i need help?

Hi guys I need some advice

I'm divorced have been for 7 months now (been split up for 2 years he would not divorce me)

I moved out of family home due to domestic violence

We are tr...


I think you need to apply for ancilliary relief......

Sorry, just read your post again...

...


In the grand scale of things rarely is arguing abo...

In the grand scale of things rarely is arguing abo...

Sorry, the first posting was a mistake and I meant...

Is there any reason you can't work full time ilke ...

ER - did you really write that???

F...


ENGLISH ROSE how can i put this you nasty COW


SJ - you said "At least you understand"..............

It appears your solicitor is recommending you appl...

"it might be worth checking out where you stand if...

Have you considered the effect of a stroke on some...

LOL.....

Yes ok if you like LL but ...


I asked what effect the stroke had had and was sim...
A horizontal rule
Subject: Seeking vacant possession of FMH

Decree absolute. No children involved. H occupies FMH alone. H agreed in December 2008 to sell FMH and proceeds divided 50:50 - agreement recorded in Order. Final Order September 2009 specifying name of agent to sell on the ...

This is not so different from my current situation...

Thanks Paddington. You may well be right but what...

Oh, how I see what you mean - you actually want to...

Can you conclusively prove that H is being obstruc...

Hi Stuart. Letter from estate agents confirming no...

I think 2 weeks is rather on the short side. A mon...

In a normal sale, 4 weeks from exchange of contrac...
A horizontal rule
Subject: Will a judge force ex and children out?

I posted earlier on the problem of my ex not finding a suitable property to move to.

The buyers of the FMH have been very patient, since July, but now need exchange and completion before the end of the year as ...


Yes, I believe so.

Owning a propert...


OK thanks Stuart. You are right that this situatio...

I am not sure (going by my own experience) that a ...

Hi LL, my daughter at Uni is 18 (just started), an...

I think you have to be very careful about telling ...

Always tell the children 100% the truth. I've neve...

I can see your problem though...your ex is using t...

I agree with STIDW both about the danger of tellin...

Owl1, I understand the point you are making in you...

In fact you can blame the mother too. If women pur...

Well I have set the whole thing in motion.
...


The children will not be homeless on £360k - that...

Being complicit with the arrangements for childca...

So true STIDW.

"Owl1, I understand ...


"In fact you can blame the mother too. If women pu...

Owl1 - agree with your comments and I see what you...

"In fact you can blame the mother too. If women pu...

ER, Im sure you dont mean to do so but you do come...

Well I am glad to say that a single letter stating...
A horizontal rule
Subject: COURT............???

Should I go to court to resolve £££ matters between me and EX. We are fully divorced BUT £££ matters are yet to be sorted. I have tried to get matters resolved amicably but no responce. I want a clean break but I have ...

If it as at all possible avoid the courts. It can ...

Thanks thats great. However ex is not replying to ...

If you have not already done so, I would give him ...
A horizontal rule
Subject: Agreements recorded in Consent Order

Agreements recorded within the preamble to the Consent Order not complied with. Furthermore there is no chance of compliance unless those agreements are "converted" into Orders. What procedure does this involve? Or does th...

Is this a draft order or one that has already been...

Thanks Sometimes. Yes it is a final Ancillary Rel...

Very little I'm afraid, apart from shoot the solic...
A horizontal rule
Subject: My Ex Wife demands payment until son reaches 21 (Scotland)

I have been apart from my ex for 7 years now and have paid maintenance religiously since the split. The separation and subsequent divorce has been pretty straitforward. A separation agreement exists & is registered with the r...

The exact wording in the agreement is: "The alimen...

Actually it isn't that ridiculous and there is som...

I think the 19 rule probably applies in this case ...

i never quite understand why if a parent feels tha...

I think you might need to phone the CSA and ask gi...

To: Why? Actually my son is very astute when it ...

I've found the clause in the CS act sometimesitdoe...

The thing is there are reams of child support laws...

Yeah sometimesitdoesn'twork I've looked into some ...

I dont think you are being unreasonable at all.

Good job you don't live in Benelux, Stuart. Mainte...

I'm concentrating on enforcement and the CSA/CMEC ...

OK. But my understanding is the emphasis taken awa...

http://www.csa.gov.uk/en/setup/who-can-use-csa.asp...
A horizontal rule
Subject: Husband wants to leave marital home

My wife is making my life hell. I sleep on the sofa downstairs once she goes to bed, invariably after midnight. I do a 37 hour working week and I consider this to be my safe haven. When I get home I am constantly shouted at. ...

Does your wife earn?
Do you earn much above...


Sounds like a familiar situation, my situation was...

In England & Wales the usual legal advice is to re...

Did I really write to when I meant two?????
...

A horizontal rule
Subject: ENFORCEMENT OF LUMP SUM ORDER

How can I enforce a lump sum order (overdue for 2 months) following on from a Consent Order? The Respondent has ample funds but is bitter and hopes that I will go away.

Lump sums can be enforced like any other debt -

Sending in the bailiffs often works to get someone...

Apparently in family cases sending in the bailiffs...

unless of course you are married to my h?!
A horizontal rule
Subject: Let us move

Hi, i am hoping you can give me some practical money saving advice here please.After being together 16 years and 3 children later my partner had affairs and left 5 years ago. The children and i stayed in the house and i pay ...

Try the CAB - they may even provide solicitor

You can always act for yourself without a solicito...

ah ijust saw the other thread and that you weren't...

ok thanks - it is so unfair when you have the chil...
A horizontal rule
Subject: Let us move

Hi, i am hoping you can give me some practical money saving advice here please.After being together 16 years and 3 children later my partner had affairs and left 5 years ago. The children and i stayed in the house and i pay ...

If you were married and are prepared to do some ho...

Hi thanks for your reply.
No unfortunatley ...


Yes, sadly if you were not married divorce legisla...

Hi
Thanks for the information - so basicall...


A McKenzie friend is a person who is not qualified...

This sounds confusing ...so even if the judge stat...

I think before worrying about setting up a trust/m...

Oh thank you...i did not realise that the barriste...

You could sell the house surely (and get a court o...

ER, I guess we arent talking about an Oxfordshire ...

With family law you can only access a barrister di...

no we are not talking about a mansion just a modes...

Yes he has and he thinks it is worth taking to cou...
A horizontal rule
Subject: Financial blackmail

My partners is in the middle of a divorce from his ex he has sent is petition to the courts for unreasonable behaviour as he was physically and mentally bullied she has tried to bypass the ethical system and tried to get her ...

Well if he is still married to her and having sex ...

In the grand scale of things it doesn't matter wh...

I have to say that if your partner goes to court t...
A horizontal rule
Subject: House sale

Hi all you know the story so won't repeat myself.

Seen solicitor about the house and she was going to contact the ex about the neg equity. They want this money paid into her companies account by the ex as witho...


Kat, forward the draft contracts your ex has dropp...

Thanks Owl wise words again.

Anyway...


Kat,
Owl's advice is really good - I like ...


LL thanks for the reply,

I have cop...


And for all women on here do note that if you give...

Thanks ER,

I knew that was coming l...

A horizontal rule
Subject: AFTER CONSENT ORDER

Do I still need to retain my solicitor after the Consent Order? The only work remaining is the potential need to apply to Court for penal notice or enforcement which presumably can be done in writing to Court without a solici...
A horizontal rule
Subject: Disastrous :-(

It all continues to go very badly.

We have no court order. The handwritten version was signed by both of us and is apparently binding. But a typing errror meant it was sent backwards and forwards to the court a...


Suvla, sorry this is still dragging on.


Think I need to get a hobby too!

Lol, maybe you do!

Seriously thoug...

A horizontal rule
Subject: What would I be entitled to if I divorced?

Hello

I wonder if anyone had any opinions on what sort of settlement I might expect if/when my husband and I divorce - I have not started proceedings yet but he has committed adultery and it seems very bleak ri...


Umm... the problem with the calculator is that whi...
A horizontal rule
Subject: if he remarries prior to finances sorted - concern?

hi.
as many of you know i am going through divorce right now. h has not answered the most important questions and either not answered, told untruths or completely changed his answers. we are getting nowehere despite it...


blow me.....you need to get a hobby!

...


hi stuart.
sorry. just to clarify matters. ...


Why?, you have had your directions hearing havent ...

hi stuart.
thanks for that. yes i have been...


DJ is a district judge, and stuart was saying your...

In your shoes I would only deal with your ex by e ...

hello folks. thanks for all the above. kats point ...
A horizontal rule
Subject: sale of FMH

Consent Order says sale of FMH forthwith and provides for joint conduct. No co-operation from Respondent. "Forthwith" was one month ago! Presumably I should now apply for sole conduct and vacant possession on the grounds th...

I think 1 month is too soon....your ex will easily...

Thanks Stewart. The current order was previously ...

The problem I see is that if you apply for enforce...

Thanks again Stuart. I believe the application fe...
A horizontal rule
Subject: Continuing Consent Order payments

I obtained a DA in August 2007. There are no dependent children. Under the Consent Order (agreed after DA), I agreed to pay my ex-wife a sum equating to her 50/50 share of the (then) equity in the MH in order to retain occupa...

Whattype of order do you have? If the monthly paym...

I'm not sure. The figure to be paid was agreed bet...

One for my solicitor I think.
A horizontal rule
Subject: Getting Duplicate Bank Statements

My ex-wife has managed to get a list of all my bank accounts in the UK through a court order - does anyone know what she can do from here on in? Can she get duplicate bank statements or have the accounts frozen?

Why was the information about the bank accounts no...

Thanks for the answer, this has happened after the...

No I would have thought that unlikely.



I'm now rather confused. In the first post you sai...
A horizontal rule
Subject: Help need for friend

27 years married, no children. Husband has left and filed for divorce. He has applied for anciliary reflief and my friend has received a Form E to complete. The assets are: house worth possibly 600k with 150k mortgage, hi...

Spouse maintenance depends upon there being a disc...

sold a £20K marital asset for £100?? lol...


Thanks for both your responses. My friend and hus...

Gotta be careful self repping...
Why not lo...


she should list absolutely everything that she kno...

Thats a bit of a tall order after 27yrs!!!
A horizontal rule
Subject: Ex in no hurry to find alternative property

My ex and I accepted an offer on the FMH in July. This was a lot lower than I wanted, and will give me no equity in the proceeds at all, but I wanted to cut my losses as I am having to pay for all the running expenses plus m...

why are you paying all of her expenses?


You are correct regarding lack of incentive, howev...

I dont think you would have to declare anything ac...
A horizontal rule
Subject: FORM E

Hi on the income needs for myself section do I list each and every item in this box or do i just a overall figure.

You itemise everything although you can globalise ...

So once completed this form is supposed to be exch...

If no one has applied yet for ancillary relief com...

so if there is not reply to exchanging of informat...

unless you want to wait forever for a response. i ...

why? - was your H penalised by the Jugde for redu...

i am only just going through divorce. no settlemen...
A horizontal rule
Subject: how is maintenance paid?

hello. just looking for some general advice hear.
if maintenance is the route then how is it paid?
does the ex pay it by direct debit from his bank to mine on an agreed date? or does he pay it to the court on ag...


Have you set out a maintenance agreement already w...

A court order is an order of the court and *has* t...

hi.
regarding the 'debt' to my relative. th...


There are genuine reasons why someone might not be...

thanks again
A horizontal rule
Subject: Executing Document

Had First Hearing back in September. Order drawn up in Court, all agreed and put before the Judge.

Order was made to surrender the Endowment Policy, have obtained the Payment Release Form and this is now await...


I would leave it for another month or so to see if...
A horizontal rule
Subject: Wife not applying for financial provision

Hello

I'm in the process of getting divorced to my wife. We are not in good terms at all as she didn't want the divorce, so she's been refusing to talk to me for the past 3 months. She hasn't got a solicitor or...


Umm... I'm not sure I wold entirely agree with you...

Thanks for your reply. The marriage was about 3 ye...

The relationship is short if it was just 3 years a...
A horizontal rule
Subject: Is there a penalty for not following a Consent Order

Who would have thought that I would be asking for advice from here nearly 4 years after my absolute, and just a month
short of 3 years from my consent order.

Absolute Jan 2006, CO Dec 2006


The penalty is in costs. If you apply to court to ...
A horizontal rule
Subject: Final Hearing

Is it okay to issue a written open note to the Court and the other side before the Final Hearing? There are three reasons for this: (i) it gives the Court and the other party time to read the concerns of the Applicant, (ii) A...

Not really. You would usually need to deal with co...
A horizontal rule
Subject: Finances

I have my absolute.
I want to pay off ex and resolve finances so that there is some closure. However attempts from sol are being ignored by ex and ex sol.
I have more to loose and ex will be gaining finacially...


Hi tiger

The only way to progress i...


Can I complete the form E myself or do you think t...

Firstly why was the absolute granted before the f...

Not really Kat. I know several people who have obt...

I would like finances finished and done so that i ...

I know this does happen just didn't realise it hap...

Quick question..... now that we are completing fo...

Form E shows income expediture, assets and liabilt...

Form E can be completed voluntarily as part of the...

Right I have made a start on the form. Question 2....

No, he can't make a claim against someone else's p...

Does any one know how to work out capital gains ta...

For any asset CGT is calculated starting with the...

Thanks for info so far. I am getting stuck into th...

any help would be appreciated
A horizontal rule
Subject: Help with finances, pension etc

Hello everybody

I have been separated for 3 years, and currently have a decree nisi. When my husband left he agreed to pay the mortgage and I paid a large loan we had secured on the house. This arrangements wor...


Hi,

Firstly, he is wrong when he sa...

A horizontal rule
Subject: Any Judges on board here lol

I am sure Judges get divorced to so thought I would check.

What is the likely hood of having all the money the ex owes me due to non payment of bills and SM backdated to the time he actually stopped paying (mar...

A horizontal rule
Subject: Consent Order Pending

One for all you financial legal eagles

My wife and I have agreed the terms of our financial separation after a three year marriage, but I am a little worried that a judge may bounce the consent order that has b...


In most cases like this the judge holds a short h...

I had similar situation re Consent Order (CO) ie o...

Thanks STIDW

"To answer your questi...


Leaving the pensions aside, there is a 'pot' of £...

What happened to the idea of a short marriage?


The leading authority on short marriages is Foster...

Well, update on all of this.

I have...

A horizontal rule
Subject: index link

Hello All

Could somebody please help me with how to calculate index link for my sp which was due to be increased in July.

Thanks


You will need to check your Court Order to find ou...

Blimey Stids, not only do you know law, and can da...

lol - I bet the OP wished they hadn't asked - ;)

thanks so much for your help. Have a good weekend...

The figures are quoted from the CHAW index. There...

As far as I'm aware CHAW is used because it includ...
A horizontal rule
Subject: new relationship/claim on house

After many years of being on my own, divorce and financial settlement all done and dusted, I have found a new and very nice, man. We are now discussing him moving into my family home with my two sons. At the moment he live...

If the house is in your name a cohabitant would ha...

What are you doing with someone who lives in a cam...
A horizontal rule
Subject: I'm at a crossroads

Hi all,
I am at the end of a stormy 12 year marriage with one 10 year old child. My wife is relatively work shy and will not get work that really contributes to the household bills. On a daily basis my wife creates a r...


The usual legal advice is do not move out of the h...

If she assaults you again then I would suggest cal...
A horizontal rule
Subject: Mediation

Has anybody tried mediation service? My ex husband has initiated this to share our marital home. But I have no idea about this service and how it works.


Hi, firstly, mediation relies on both parties goin...

There is an article about mediation on the home pa...
A horizontal rule
Subject: I think it's all over...

He has backed down. He has promised no more court, and will to co-operate.

So things will finally get moving. Happy, but also a bit cross as the delays as usual were absolutely pointless and achieved absolutely...


Im rooting for you Suvla. Really hope things are g...

nothing worse than a man having a bad hair day to ...

Hi Suvla

I am pleased to hear its d...


Yes you are right Owl, that side was always there,...

Lovelorn ex's, harbouring secret notions to win yo...

Suvla, I think you need to follow proper processes...

Sulva,

Just so you know, accepting ...


Uh oh...Joyce has climbed out of her coffin again....

Stuart stop it :)

Sorry...cant help it when she starts on Suvla or o...

You are a gentleman Stuart :-)



I think you two would be great together. J. x

Haven't decided what to do with the cheque yet. I ...

I would do as Simes suggests - stick it together a...

Well I saved the message and didn't respond.
...


Take legal advice before you pay the cheque in. So...

Suvla, I'd do as ER says and take advice just to b...

Thanks for all the useful advice everyone.
...


I have sellotape sulva,

ER is right...


I just thought that if you didn't pay it in, he is...

Jigsaw puzzle was pieced together, phoned solicito...
A horizontal rule
Subject: SM for me?

This is my 1st time on here so here goes.....
My wife of 4yrs (together for 12) and i split in Feb 09. Since July i've rented a house and left her in the FMH but i'm struggling to find work (like lots of people know) ...


Check on the Legal service commission website and ...

SM depends on the need of one party and the abilit...

Id be looking at applying for some interim support...

Ok. Had another think about this. If the take home...

SM !!

If tax credits are £500k then I'm going to get my...

Oops, another typo. Must go to bed.

Just to clarify something in case you think you're...

Good luck.

wont be fun.
A horizontal rule
Subject: help please re financial order

Hi all,

Had the heads of agreement in nov 2008, this turned into a court order in July 2009.

Until the sale of the house ex is supposed to pay the mortgage, bills etc plus £400 sm.



When someone is self employed a deduction of earni...

Thanks stids for the reply,

I hope ...


Thanks Kat. In your shoes I wouldn't chalk it down...

Cheers again for the reply stids,

S...


hi kat. your joke is not so silly at all. he has i...
A horizontal rule
Subject: Selling the FMH

I have been living in the FMH, but separately from my wife, for the last 5 years to support the kids as they grew up. Now 18 and 16 and its time to finally move on. We have agreed a financial settlement verbally, which invo...

You could have a clause that she will indemnify an...

The tax implications?

There is relief from capital gains tax on your mai...

Markys you can get anything you like drafted into ...

Many thanks for your response. I don't think my w...

If there is no court order settling finances you h...

I wouldn't suggest or recommend your last idea Ma...

Markys STIDW makes an important point above re nee...

yeah watch out for NP they are a pain in the arse,...

Thanks again for your help ... we have been discus...

If you don't instruct a solicitor to draft a final...

We have separated our finances pretty well over th...

Markys the fact that you have transferred most thi...

Think you've missed the point a little, but thanks...

The main point you need to take away and bear in m...
A horizontal rule
Subject: Costs award

Hi all.

Absolute decreed and my costs to be paid by my ex wifes bloke, or rather her ex bloke as she chucked him out 7 weeks ago coz of his temper...

Anyway, I have communicated to him that I wan...


Stuart, Stuart, do you really want to continuing e...

Thanks...
A horizontal rule
Subject: Endowment Policy

Had my day in Court yesterday

Part of the Order is for the endowment policy to be surrendered or sold. I have a figure from the company concerned for the surrender value but lost as to how to go about making e...


You need to find a reputable company which deals w...
A horizontal rule
Subject: Divorce question

Have been married to an alcoholic for 20 years, finally had enough & thrown her out. Have almost completed residency for my 8 Yo who loives with me full time. Am about to start divorce, have a house in joint names, prob 30...

Without details of the values of the assets (inclu...

Thank you for replying, have no idea on pensions &...
A horizontal rule
Subject: More silly questions..

When is a court order binding and when is it not??

Four months ticking by and I'm going demented waiting to see what on earth is going on. We signed a hand-written consent order at the Final Hearing and surely...


goodness knows. somuch for my solicitor trying to ...

The order was signed by the judge at the final hea...

Same advice as a month ago. If the order is not s...

To answer your question simply, until the order is...

A signed agreement doesn't have the same status as...

Thanks, I hadn't forgotten the advice.



Good for you sulva for taking the higher groung in...
A horizontal rule
Subject: Silly question time

Decree absolute sorted now.

What do I need to do now insofar as getting finances sorted? I mean it was a short term marriage but I want to make sure that she cant come after me in th future should I win the lot...


If you can agree between yourselves it's just a qu...

We used an online service for our consent order - ...

I am just starting divorce proceedings against my ...

Not having a court order is frequently a false eco...

There is a post on here (a couple of days ago) whe...

Thanks for your responses.

As you were in a very short marriage, and that mar...

lol....thanks simes...

oh must say ...


Watch she doesn't come after SM the ;)

I doubt she could....she earns more than me.....pe...
A horizontal rule
Subject: Does my ex have a valid claim on the equity in my home?

Hi,

I divorced my wife 3.5 years ago because of her adulterous nature. We sold the family home and because she wanted to move somewhere to to obviously carry on with her 'boyfriend', and no doubt feeling guilty...


Unfortunately without a legally binding court orde...

Eeek! Let me get this right. Because I took a few ...

I didn't say she is entitled to have the disparity...
A horizontal rule
Subject: TWO HOUSES, NO CHILDREN!

My husband left me 6 weeks ago. He is now renting a room and I told him that I would try and get a lodger so that he is not out of pocket. (I am trying to keep this amicable). He said that was all very well, but he didn't re...

The first thing is whose name are the deeds for th...

Thanks, for that. Both houses are in equal ownersh...
A horizontal rule
Subject: Consent Order confused??

I have been reading posts on here and now even more confused, I am in the process of filling out the divorce petition, which I am a bit stuck with a few parts but left a posting on the general discussion part to hopefully get...

As far as the divorce petition is concerned it is ...

umm that bit sounds more tricky, can't afford a so...
A horizontal rule
Subject: child maintenance - or lack of....

My exh hasnt paid any cm to our children since october 2008. Children ages 13 & 8. We both have moved on and have new partners - his has 2 boys (he lives with her) mine has no children (he lives with me). Exh was diagnosed ...

Sorry if this doesn't help but under CSA rules NRP...

How much do you think you should be getting Boggle...

Could he perhaps help out by having the children m...

thank you all. I did look into the csa thing but ...

Its a tough one but you may have to accept that, i...

boggle,

I am not sure that is corre...

A horizontal rule
Subject: Advice required on my rights

My husband and I agreed to seperate in April, we'd been married 6 years and have 2 children. I stayed in the house and have not received any contribution from him since March. I want a divorce and agreed to sell the house, ...

He can threaten to take you for everything you hav...
A horizontal rule
Subject: Breaking consent order for CM

Hi All
Will try not to waffle and make this complicated :)

Ex h is under consent order for £300 per month for Cm for our 2 boys.
When it came to August's payment he gave me half cash ( as i need...


I would just pay the cheque in now and put this do...

What purpose would getting a solicitor involved se...

You're both right...opening the wine now :)
A horizontal rule
Subject: increase in child maintenance

A county court order made 4 years ago was for £200 a month (one child). I have recently had a significant reduction in salary and I am considering applying for an increase. As it is, I pay £400 a month for creche fees (befo...

Since 2003 the courts normally have no jurisdictio...
A horizontal rule
Subject: Financial Implications / Clean Break Possible?

Hi, I was wondering if anyone can help me, my situation is as follows;

We're getting divorced after 5 years with 2 children (4yrs and 2yrs), although haven't started process yet. My wife wants to get everything...


Generally speaking if both parties understand the ...

PS One thing you should be aware of is that some j...
A horizontal rule
Subject: Advice please

Hello haven't been on here for a long while but to cut a long story short this is the situation. I have two children with ex partner (we were never married) she still lives in the family home which is jointly owned by us bot...

Without knowing the details of your case and exact...
A horizontal rule
Subject: further advance by h on family

as many of you know h sent bailiffs/debt collectors letter to sister in law threatening statutory demand, court proceedings towards banckruptcy.

my solicitor wrote to these people explaining circumstances and w...


If the bailiffs/debt collectors are handling the p...

thank you.

AFAIAA

They need to apply to have t...


thanks john. yes my sister in law is responding as...

He makes an application, she has 14 days to file a...

thanks simes.
if he was to drop it. ie: not...


Why, if he doesn't go to Court to argue his case, ...

ok thank you. one final question then. clearly, ea...

I can't see that you have a claim against him for ...

thank you once again.
A horizontal rule
Subject: Child maintenance issues

Hello.

My wife and I split in 2003 (with 2 young children) and, as part of that, I gave her £45k as a deposit for her and the kids to have a nice house and a fresh start - she could afford to stay/live there ...


Must be frustrating to say the least. however, if ...

Frustrating indeed and all I can suggest really is...

sorry the link is: [url=http://divorceanswers.co.u...

Were the arrangements for CM included in court or...
A horizontal rule
Subject: accountants brief for valuation of business

am i correct in saying that the maintainable income likely to be supported by the business may be a very important or perhaps THE most important element in the forensic accountants brief in my case - both in determining maint...

I doubt anyone on an internet board can answer w...
A horizontal rule
Subject: Going back to court

Hello Folks,

I have been reading posting here for over a year but been able to post mine. I would be grateful for any contribution to this post.

1. Consent order signed in 2006 for ex H to pay ...


Sorry, I meant to write I was unable to post mine ...

I think you should just say circumstances have ch...

Thanks a lot sometimesitdoesn'twork.
A horizontal rule
Subject: unexpected demand for cash from partner's ex-husband

My partner's ex-H is sometimes a wind-up merchant, but his latest has worried/upset me. I know it's not really my business, but.... when the person you love is on the end of this sort of thing, it's hard to be cool, calm and...

hi. dont know if you have been reading my posts re...

Hi Why? - I've not read all of your posts, but hav...

i know. my first concern with h was that he would ...

A consent order dismisses all future claims agains...

Thanks sometimesitdoesn'twork!

Th...

A horizontal rule
Subject: Advice Please

Married 1992
Separated 1999
Decree Absolute 2009
No Children
So lived as man and wife for just under 7 years. Seperated for 10 before Absolute was made

First Hearing due to take pla...


I feel sure your payments on the mortgage will be ...

yes. cant see how she can have much if any claimon...

"Is it correct that mortgage company costs can be ...

If each party takes what they contributed - then s...
A horizontal rule
Subject: 'as yet date'? 'date as'?

im confused. someone told me today that the business and house should have a date appointed to the valuation with the words above applied. actually i could have that wrongly worded.

im not sure what they mean....


In family law assets are valued during ancillary r...

thanks again!

thanks again!
A horizontal rule
Subject: Enforcing an order

3 months on from Final Hearing and I feel like nothing has been achieved.

We still haven't received the sealed court copy of the order as there was a paragraph omitted and his solicitor still hasn't amended it....


Sulva,

I doubt that you can enforce...


Oh blimey, I shall have to sit it out then, I will...

i am constantly amazed at how slack the whole proc...
A horizontal rule
Subject: what happens with cm after1 year?

i am aware that the court have no jurisdiction over child maintenance and that either party can apply after 1 year.

does this mean that we agree a figure for cm then after 1 year h could apply and end up paying...


yep..... he can apply for the CSA to work out his ...

The CSA is a double-edged thing.

Af...


thanks folks.

Just to clarify the CSA normally have jurisdiction...

thank you for that information stidw.
A horizontal rule
Subject: Another friends question

Hi,

I have asked a question before for a friend and heres another.
My friend has a court order dating back to the end of 2003 which stipulated the level of CM (never indexed linked so is still getting CM...


Oh, should add...

I dont normally a...


I think if she went to the CSA they would calculat...

Courts retain jurisdiction for over 18s in educati...

Thanks for the responses.

Very posi...

A horizontal rule
Subject: i find all this financial stuff a bit boggling

ok. i have been told in past on this board that i would only be entitled to either spousal maintenance or my shares. i have since read that i would be entitled to my shares anyway and spousal maintenance would still apply. ...

It boils down to the same issues we've been throug...

ok. i will ask the value of my shares in the busin...

If your ex2b was in a one or two person business t...

thanks. working on brief. cant wait to get through...
A horizontal rule
Subject: nominal Spousal maintenance order

Hi
I have been divorced for nearly 3 years. My problem is that because I have our 3 children most of the time (he has them for roughly 30 nights per year of his own choosing only on weekend days ) I am slowly sinking f...


You need to careful not to confuse child support a...

Thank you for your reply. So what exactly is spous...

Penny, you have to push the CSA really hard to get...

CSA are the most useless, inept bunch of idiots ev...

I can't beleive them either. My case has been pass...

The CSA bloke has left?

Yes, that w...


Inept, how true. They are the most incompetant gro...

No, not shame on pride.

Think of al...


Can I suggest writing a letter to your MP, giving ...
A horizontal rule
Subject: h took action

hi.
if you remember h was jumping the gun threatening baillifs to family members for separate 'loans' as he describes. he has never in the 3/ 4 year peroid since this money was given to my sister in law so much as aske...


Is there any paperwork that shows this was a loan ...

I wouldnt even have thought you needed any such pa...

hi thanks. the only paper work we would have is a ...

Completley ignore the whole thing. Its not an issu...

This doesn't involve debt collectors from the Lewi...

hi stidw.

no i looked at your link ...


IVE CHECKED DETAILS ON COMPOANIES HOUSE AND IT APP...

Why - Balliffs operating on a behalf of a court sh...

I really hope you are correct. however, i have bee...

Anyone with a first class stamp can send a stautor...

really? so if she ignores the statutory demand and...

It's scare tactics that some debt agencies use. In...

thanks stidw.

another question. is ...


Hang on.....why are you offering to settle a debt ...

hi stuart.

sorry, i wasn't referrin...


He sounds an idiot.

He has to prove...


i know. however, he can still cause a lot of upset...

Sadly threats and unreasonable behaviour are all t...

yes. this may well be the case stidw. its difficul...

I think there are different issues getting mixed u...

"I am not sure I totally agree with the comment fr...

hi captain.
h has always been aggressive wh...


Sorry, just picking up on one other point. Althoug...

STIDW,
I guess the only point I was trying...


yes captain. you are correct in your comment that ...

Sorry Why? you have stated before that you had acc...

hi captain. yes. i did suggest to my solicitor tha...
A horizontal rule
Subject: Wife will not sell our home

Hi

Could anyone help me with a divorce problem I have. My wife kicked me out of our home 2 months ago, now she and my 2 girls live in the house. I want to sell the house but my wife will not put it on the marke...


how could she pay half of the mortgage and bills o...

Hi

I have not seen a solicitor yet ...


you should see a solicitor. You are perfectly with...
A horizontal rule
Subject: general advice

hello. cant get other board to open up so have to post on the financial board.

we were married 9 years but cohabited for 2 years prior to this making it a total of 11 years. the judge only ever refers to it as ...


In your ex's shoes i would disclose the pension. I...

Committed, settled cohabiting relationships before...

thanks again.

yes. i didn't expect ...


If you've been in a relationship for 11 years the ...
A horizontal rule
Subject: Help with wording for a letter please?

When I had my free half hour legal advice last week, the solicitor told me that before I agreed to sign my husband's petition for divorce and send it back to the court, I should get him to sign a letter to say that he would a...

the divorce, ie: the piece of paper saying we were...

It is considered good practice (Family Law Protoco...

Thankyou. At the moment neither of us has instruc...
A horizontal rule
Subject: WHERE DO I STAND?

when me and my husband split we sold our home for £315,000, i had the 3 children with me so i had £200,000 to by a flat and furnish it. 2 years on we are just going through a divorce and my ex has said hes solicitor has sai...

When there is a formal separation agreement it m...

Hello Caring Me,

Have you resolved ...

A horizontal rule
Subject: RAF Pension and House, only assets

Hello. I've just received my husband's petition for divorce. We've been separated for 3 years and have 2 children age 16 and nearly 18, both in full-time education. He now wishes to remarry.

Our only assets ...


Oh and I forgot to say, I'm still in the marital h...

The usual method of pension valuation, the Cash E...

Thanks for that
A horizontal rule
Subject: matrimonial house sold

Hi....I was taken to court by my ex husband. I had no solicitor and lost my case. The court set out estate agents who had sole conduct of the sale. The judge put in the general order that the solicitors bill was to be asse...
A horizontal rule
Subject: CHILD TAX CREDITS

HERE WE GO.....

OK..., IF I HAVE EARNED TOO MUCH INCOME IN THE PREVIOUS YEAR TO QUALIFY FOR TAX CREDITS BUT THEN IN A POSITION EARNING NO INCOME, DO I RECEIVE THE TAX CREDITS IN ADVANCE, OR DO I NEED TO WAIT UN...


AFAIAA:-

Tax credits are calculated...


If you inform HMRC that your income is expected ...

thank you folks.

Just to confirm that tax credit office always ask ...
A horizontal rule
Subject: Were do i start!!!

I have now been married for 8 weeks!!! we split 12 days!! after our £20,000 wedding when I found out that she had been cheating on me for the last 3 months with a man from work that she meet on her hen do!!
She has be...


The first thing is that in England & Wales unless ...

She sounds very much like my ex wife....

A horizontal rule
Subject: one more question

h has been sending messages to me threatening that he has started court proceedings and is sending bailifs to my sister in laws house in scotland for money we offered them to help with urgent medical costs for her mum quite s...

Like E&W the courts in Scotland have to establis...

hi stidw. does this mean that she will be contacte...

The court rules and procedures in Scotland are com...

Presumably like the good old broken England, Scotl...

thank you simes. given the circumstances, what you...

Presumably like the good old broken England, Scotl...
A horizontal rule
Subject: question from h

i have been asked to tell h how much child taxcredits i would be entitled to if i was to stop being paid by the company.

i do not believe this is relevant for the following reasons and would like to know from t...


1 Tax credit entitlement is a relevant factor whi...

hi j r. thanks for all of the above. h actually ow...

You can think what you want but answering the ques...

cheers. i woyuldn't have an issue if all the quest...
A horizontal rule
Subject: legal seperation

My husband and I have been seperated for 3 months now, as I was keen to leave him I did not fight over anything we had in our property, hence he cleared out the flat taking all our furniture and leaving me with nothing but my...

Where do you live?

If you're in Eng...


Is the reason why you can't divorce because you we...

thanks for the advice, a divorce sooner rather tha...

I can understand why you feel you wouldn't like to...

PS There is a list of court fees, EX150, and a she...

thank you for the advice, the UB list has really h...

There is a general court principle that if a case ...

thanks for that info, will try and get him to comm...

HI. I PUT DOWN UNREASONABLE BEHAVIOUR BUT DID NOT ...

have recieved the petition for divorce that i need...

When filing of the petition it is possible with go...

agggghhhhhh this is so frustrating, why does he ha...
A horizontal rule
Subject: child maintenance

If the father who pays child maintenance has no income through redundancy or job loss, is it correct to assume that if he is married to somebody that they have to pay the maintenance instead. If in the long term there is no m...

CM is assessed against the income of the non resid...

The court order definately states that the order o...

The exact wording is important and whether the cla...

We need to know exactly what the order says - past...

will go and look for the order, pretty sure him pa...
A horizontal rule
Subject: will i get more than half?

Can anyone help???? ...I have paid my mortgage completely off and also i paid for all the contents of the house with my inheritance from my grandfather & uncle.(long before seperating from my husband) I left my husband to fi...

Not enough detail I'm afraid. How long was the ma...

Hello

Thanks we have been married ...


Each case depends on the particular facts and with...

So does this mean that i will not get anything ? T...

No, I didn't say that. It means without the detail...

Would we be wrong in assuming that the children li...

Yes they do only because my eldest daugther wants ...

If you haven't already done so it might be an ide...

Err....your children are going to have to be house...

What you are experiencing is something that many m...

The problem is regardless of OP's gender without ...

xtrail05 appears to have trailed off....

I guess we didnt tell Xtrail05 what she wanted to ...
A horizontal rule
Subject: Do I have to pay this bill?

My partner left us (me and 3 kids) in Feb. The utilities were in his name. After he left, I had to take on all the bills etc and I switched supplier.

He has paid the gas bill up to the date he left. Now letters...


No one can be prosecuted but as the occupier you a...

i didn't understand your post i think? you said th...

OP is saying that her partner, who was the person ...

Thanks for the explanation JohnR, and thanks for y...

Err, I was informed differently in exactly the sam...

Just to clarify:

Gas Act 1986, as a...


Ah well, then I was misinformed (by a financial ad...
A horizontal rule
Subject: Child tax credits again part two

Hi all,

So did as Evr suggested and went to CAB they were really helpful and gave me info about my MP and told me haw to handle things. So came home rang Inland rev and spoke to a lovely lady she put me through...


well done kat.
A horizontal rule
Subject: had my directions meeting today

hello. meeting went ok/ish. eventually got result in that judge agreed the businesses had to be valued.all a bit 'fluffy' i thought, including the judge herself. it was as if everyone in the room was just learning as they wen...

Im assuming today was the first appointment?
...


i know stuart. it was because my case does depend ...

Why a judge will only look at the facts infront of...

im afraid its not all fluff folks.i know you do no...

Why,

A judge will really not be bot...


hi kat. thanks. i understand all that you say. not...

Yeah everything going ok.

I just wo...


true and a veryt good point about the ex. but then...

Good good,

Why? I didn't have a clu...


It's compltely irrelevant if he's lying about wher...

In family cases it's usual to instruct a joint exp...

we are having a joint valuation taking into accoun...

As I said about 8 or 9 months ago there needs to b...

hi stidw.
i understand what you say. his ot...


Court does tend to focus the mind but it can stil...

My case was much simpler than yours but took two y...

thank you for your replies. had emotionally unprov...

I wouldn't assume anything. There is a difference ...

totally agree with you on all the above. remember ...

Covert surveillance can be illegal, it depends how...
A horizontal rule
Subject: Implementation of consent order

Sorry, me again. I have spoken to the court who say the order has not yet been sealed by the judge because there was a problem with the wording in one paragraph. They have sent it to his solicitor for amendment.

...


Should add that we both signed a handwritten copy ...

The idea of a final order is that it is legally bi...

Phew, that's a relief then.
A horizontal rule
Subject: Consent Orders and Cohabiting

My partner's ex left him three years ago for another man, she left the marital home and moved in with the children to her boyfriend's house. She then proceeded to draw out the financial agreement, which was finalised 18 month...

Cohabitation actually doesn't make much difference...

There is a clause regarding the sale of the proper...

Sorry to be pedantic but the devil is in the detai...
A horizontal rule
Subject: settlement options?

hi. sorry about all these questions but my solicitor isn't good at identifying my confusions and misunderstandings with regards to settlements.

as many of you know i am not keen on receiving 'maintenance', whic...


I am somewhat confused by your comments about the ...

hi. no by fall out, i mean that a third trial woul...

Generally the simpler the agreement the more likel...

id prefer if he dissapeared out of our lives if im...

id prefer if he dissapeared out of our lives if im...

Why,

I really think you need to ste...


"i did not mean to keep my shares but rather that ...

It depends on the circumstance. V v V was not a b...
A horizontal rule
Subject: tax credits another silly question perhaps

ok. maintenance is not classed as income.
what about lump sum payments as part of a divorce settlement? would this be classed as income? if not, would the interest on this money be classed as income? is there any type ...


this is the info from the tax credits site:
...


thanks for that. very helpful.
A horizontal rule
Subject: talking of tax credits lol

Is there any point in me try to overturn the Inland revenues decision saying that I still owe them over £k in overpaid credits or is it wrth me going to CAB so they can help me fight it.

I have spoken to the C...


hi kat.
i was just about to do another shor...


Definitely go to the CAB Kat. You can also involv...

Oops, forgot to say mention your illness and your ...

Thanks evr for the advice.

I did wr...

A horizontal rule
Subject: tax credits again

h's solicitor asking how much i would rceieve in child tax credits if h's business stopped paying me a salary.

i dont see how this question is relevant. surely benefits are not intended to be used as a means to...


Tax credits are an income issue and relevant to ma...

I assume this is relating to the calculation for s...

thank you for clarifying that john r.

The overall circumstances are relevant and you can...

john. one more question. i understand the informat...

thanks stidw.
A horizontal rule
Subject: Part Time Work

Hi All,

Just got the date of our Nici through yesterday, so it shouldn't be too long before we get divorced. Still sorting out the finances at the moment.

To sum up, I caught her at a B&B with an...


In determining spouse maintenance all the circums...

depending on the ages of the children she may not ...

Hi, Sorry, kids are now 17 and 14, bot are at scho...

It's really a number crunching exercise. Your wife...

Thanks for all the replies. I understand that thes...

Just because your wife wants certain things doesn'...

Difficult. The mora is never marry a lower earner ...

Its a bloody good job we dont live on one of those...
A horizontal rule
Subject: settlement

quick question.
lets say my form e shows my estimated income needs for the children and myself, which it does of course. lets say its obvious that h's income needs are hugely excessive and uneccessary. lets say that af...


Before 2001 it was a case of just meeting require...

thank you. do all judges work with this in mind or...

Why he will ask questions of your spending no matt...

Hi why - In my case, I did what you did. I was hon...

thanks folks. i will try to find info on rose v ro...

Hi why - It sounds like you are thinking it all th...

yes. good point bon but equally,so long as they do...

Hi why - Please please please keep reminding yours...

thanks bon. well, well, well. just as expected. he...
A horizontal rule
Subject: Impossible!

Have heard from him. He is refusing to pay my money despite the fact it is a month late until he receives the court order yet he is expecting me to get the decorating done and put the house on the market. Oh, and increase pay...

Extract from his email!

"Can't bel...


Doesn't matter. no need to answer, I was just voic...

You could stoop to his level and tell him you refu...

Hey sulva - Please don't let others nastiness scar...

Sulva....

I know exactly what you m...


Hi sulva,

We write here about thing...


hi suvla.
i am sorry to hear what you are g...


Just saying this very quietly in the hope she does...

hi suvla

one thing i know for sure....


Sulva,

Happy that I made you smile ...

A horizontal rule
Subject: Please help re non disclosure of account detail.

My ex husband did not declare his savings account during our FDR. I have now found a copy of his old saving book under a carpet in one of our rooms. It had about 40K in it.

We signed the consent order in 2007...


Hi there - If you check the wikivorce site, you'll...

Court officials cannot give you any legal advice a...

Thanks a lot, I saw a sols who told me to let me g...

Solicitor has a point There must be concrete evide...

Thanks stdw, I have traced the account back to jis...

Do you have any evidence that there was any money ...

"I have traced the account back to jis other bank ...

PS For terminology you might find the judgment Ju...

Thanks so much for your words of wisdom. I have h...
A horizontal rule
Subject: Back again! advice please form E

Going back to court to amend consent order and have to complete another Form E, This time Im self representing so could do with some help re the form.

Can anyone explain what my Income Needs inlude and then my...


Your income includes the following:

...


Cheers Kat007

I understand my incom...


Hi there - Have you looked at the Form E guidance ...

yes income needs are how much you feel you will ne...

Great so whats my capital needs involve?

Somewhere to live?
A horizontal rule
Subject: Bankruptcy

I have posted before. I did leave my MH due to intolerable emotional pressure on myself and my daughter.
We had an agreement that he would stay in the MH for up to a year paying the mortgage, and he assured me he could...


Do you actually believe he will go bankrupt?
...

A horizontal rule
Subject: Consent Order

I have a consent order dated April 2006. It states that, on sale of the FMH, the proceeds of sale are as follows:-

1. discharge the mortgage
2. solicitors conveyancing costs
3. estate agents char...


OOH

Can you afford to buy him out i...


Thanks for your reply

The consent o...


The balance of the credit card will be paid at the...
A horizontal rule
Subject: Update on hearing

Well well, who would have thought it hmm.

I was away as you know, ex went to court with counsel, my sol and counsel went, both counsels got together and agreed heads of agreement was a good judgement last year....


That's great news, although not at all unexpected....

Hi kat - lmao at your x! He is such an idiot! I ca...

Yeah I did say to my sol shall we give another gun...

Finally got the paperwork for the consent order ho...

If he refuses to abide by a court order then you w...

OOh that sounds quite scary stids prison is that r...

Hi all,

Had a letter ex is now self...


Being sent to prison can ultimately happen. A few ...

thing is it's not pending he hasn't even filed yet...
A horizontal rule
Subject: Help Will he get my house

Hi I am just after a little advice.

MY first husband who I was married to for 30 years past away 5 years ago.

I re married against the advice of my family and have been married now for 2 years.<...


Please do not dispose of assets to avoid H's finan...
A horizontal rule
Subject: mortgage payments

The xtb has not made any contribution to the mortgage payments since we split - although he does pay cm for the children still at school, 13 and 17 yrs. I have all the maintanance of the house - ie new boiler at a cost of £...

If the mortgage is in joint names as far as the le...

I can't afford the mortgage on my own. Do not hav...

Radley,

Do not just stop payingthe ...


Each case depends on the particular facts and befo...
A horizontal rule
Subject: Back again....

Hi,

Just looking for some advice.

My son will be 12 in October and over the past few months has increasingly expressed a desire to live with me. He is very unhappy with his mum who is pregnant an...


Bugger....wrong board....sorry...reposted on the g...
A horizontal rule
Subject: WHAT DO I DO NEXT?

Husband left home in Feb 2005. Joint mortgage which he has not contributed to since then. Maintenance payment for 1 child aged 11 through CSA. Older child now 18 and in full time work. Husband asked for divorce in Nov 2007 an...

have you been sending solicitors letters to his ad...

Here in Scotland we have our own legal system and ...

Thank you for your comments and as suggested I've ...
A horizontal rule
Subject: divorce papers

my husband and got married abroad where we live now. we are in a divorce process at the moment. i have uk and bosnian passport and he only got bosnian. after our divorce i am planning to go back to uk. he is hinting it's his ...

As I understand it he could apply for a visa in hi...

so border agency wont know we are divorced unless ...
A horizontal rule
Subject: Ex won't accept reasonable offer

Further to my post of 7th June about the sale of the FMH, we have received an offer for the house from someone with no property to sell, but my ex will not accept it. Although significantly below the asking price, it is the ...
A horizontal rule
Subject: When does a court order take effect?

Does the consent order take effect from the date of the order, or the date of the decree absolute?

Our consent order says he will pay me £x within 28 days. Interest to be charged if he is late. It is now late!...


Court order takes effect from the date the order w...

It depends on the terms of the order. Sometimes, f...

Well I was okay earlier! Then I heard from him, ju...

What a load of garbled nonsense! I was upset.


Suvla, you have my sympathies for your situation. ...

Poor you.
On the financial side do as somet...


Hi sulva - You rant away! I am sorry you are in th...

What most ex's say and then do are never the same ...

Thank you for the kind responses. It has been a st...

Oh Sulva, this is horrible but you did the right t...

Hi Suvla

You do right to ignore the...

A horizontal rule
Subject: questionaire - how many opportunities

hello.
exchanged form e's. fortunately h's proves his selfishness and lack of reality. his is big. i will have a great many questions to put forward on the questionnaire regarding form e info. can i ask as many questio...


Until now any disclosure was voluntary and without...

Hi why? - I too had a load of questions after I go...

thanks bon. information until now has indeed been ...

if there were other examples of bad behaviour with...

It's correct to say the courts are not intereste...

if his needs are obviously unreasonable ie: (3 tim...

Reasonable needs are relative to income and lifest...

ok. so basically, if his needs alone could not pos...

Yes, or the ability to meet the income needs can b...

ok. good. because quite frankly, his needs are 4 t...

Can you clarify.

Are you saying tha...


yes. his current income paid to him is correct. (i...

Yes, if his needs are much higher than his income ...

his businessaccounts are completely separate from ...
A horizontal rule
Subject: what can i expect?

My husband and i have been married for 4 years,and are now divorcing. I dont know what to expect....
We have a house,with no mortgage.We bought it after we were married, with £250,000 gift from my husbands step father...


Your husband is mistaken. It doesn't matter that t...

Thank you for your reply, i really appreciate it.<...

The pension and any savings or investments are imp...

Thank you so much,this is a great help.Im looking ...
A horizontal rule
Subject: DIY consent order

Hi all

My husband and I split up approx 3 years ago. We are divorcing under the 2 year separation and have had our decree nisci announced, all by DIY. I spoke to a solicitor a couple of months ago regarding the...


In theory it is possible to draft a consent order...

There are no real assets to fight over. We were i...

Maintenance is a very good example of what I'm tal...

I can see your point, however my ex has been marri...

There isn't a form for the consent order itself. ...

Thanks for that, it is very useful. Can you point...

Legal drafting is an art. Unless someone is a lawy...
A horizontal rule
Subject: Are terms for discussion required before court hearing?

Hi, My partner is in the process of getting divorced from his ex (still!!) and had his second court hearing 2 days ago, where he made a financial agreement as he was worried that if he waited until the third hearing, the judg...

Although offers of settlement are made before the ...

You could always get a job yourself.

...


Thanks for the info RE the finality of the hearing...

Well there you go, you'll be alright when you get ...

The essential principle of a consent order is fina...
A horizontal rule
Subject: Another flippin hearing

So ex has refused to adjourn the hearing in a couple of weeks as he is adament that it has to be that day even though I have asked for it to be moved as I am going on a well deserved holiday(paid for by my mum and dad staying...

go on holiday. let your solicitor know the story i...

Hi why,

Hope you and the family are...


im afraid i know nothing about heads of agreement ...

I'm surprised this has just come up now, I though...

I think you should probably attend the hearing rat...

Cheers Stids for the input.

I think...


From what you have said I would have thought a red...

thanks again stids,

So would you su...


Ask your solicitor about a Connell Order and he sh...

If I ask for the connell order which seems the rig...

Yes, indeed you can although if the global amount ...

Thanks for the reply, Ex had sent throught a state...
A horizontal rule
Subject: Seperation and joint house HELP

I split with my ex in August last year, it took me till Jan to get the house on the market, he has put it on 15000 over its value.
May I state now, that I have a new partner.
Anyway he is refusing to lower the h...


Unfortunately it isn't a good idea to just walk aw...
A horizontal rule
Subject: separating (not married) and need mortgage help

hi, new to this so sorry if it in the wrong place.
im now going through the process of separating from my partner, we have been together for 13 years and have had a mortgage for 7years. we are amicable at the moment b...


If you are not married and both parties names are ...

thankyou
at first he was just going to sign...


They tend to lend 3x your salary (£60K) and the c...
A horizontal rule
Subject: get it valued or not?

hello.

h does not want business/es valued. his reasons are it will be expensive and suggests we work with the 'maintainable income' the comany willbe able to support. he is not trustworthy by a long stretch of ...


Are you now suggesting that the business (which yo...

You really need the advice from a lawyer who under...

Just to clarify, spouse maintenance stops when the...

thanks folks. yes john, i had thought 2 ways. eith...

or business pay deferred lump sums so i am not dep...

another question. prior to setting up the main bus...

You need to focus on what can actually be done und...

you refer to court being able to transfer assets. ...

The bottom line is that whatever the two of you ow...

ok. would i not then at least be entitled to my sh...

what if it could not have been possible for the bu...

I don't understand why you feel that you are entit...

The other problem is that Why and her husband only...

i do understand what you are both saying. lizzie. ...

Evidence of a financial contribution to a busines...

I deal with businesses a lot and agree with the ab...

thanks er. this has all been very helpful.
A horizontal rule
Subject: Another quick one for me this time please.

Hi again,

My decree absolute is about to be granted and our finances (albeit not a huge job) still need to be resolved.
I have a matrimonial home rights notice on my ex's place on the grounds that I inve...


It's possible to object to the decree absolute be...

Thanks for that.
A horizontal rule
Subject: ex wife debts

Hi,
Looking for some advice if possible...
My brother in law and his ex wife divorced in may 2005. All finances were settled and that was that. He has recently recieved letter regarding debt on his credit cards...


As far as the credit card company is concerned the...

why did he leave her with his credit card or why d...
A horizontal rule
Subject: index link maintenance

Hello Folks, hope you could please help.

My SP is index link to the retail Price index. Last year, my Ex just added £5 to my maintenance and this year he says he is going to add £1 pound. Could somebody ple...


Actually you are probably lucky to get £1 increas...

Thanks so much for the detailed information STDW, ...
A horizontal rule
Subject: Ex husband will not move out

Have written about this earlier.... We were divorced in Feb and Judge has signed Transfer to transfer deeds into my name (as EH would not sign). Transfer is back from land registry, so technically EH has no right to be here....

i guess you could point out that he has known abou...
A horizontal rule
Subject: Tertiary Education

Hi All,

Apologies if this is a repeat question, I could not find the subject in the archives. My daughter turned 18 years old last October. After leaving school she took a 2 year BTEC course in Sports Science a...


a) Yes. "Tertiary education" includes further educ...

OK thank you. Just looking for a chance for my dau...
A horizontal rule
Subject: Enforcement of a consent order

I had started a thread already but couldn't add to it, so started another, I hope you don't mind
I received a letter today from another solicitor that my ex has approached. It talks about the consent order and the date...


Any ideas any one?

I don't agree with your analysis. The Family Law P...

Thanks for your reply. It's not that I don't want ...

UPDATE:
Went to court yesterday, she never...

A horizontal rule
Subject: house sale

Hello,
Without giving a long long post to explain everything I wondered if anyone can clarify if one person can sell a house without letting the other partner know or have any say in it. There are no court orders or is...


One party can sell the former matrimonial home if ...

Thank you for your help and yes the house is in jo...
A horizontal rule
Subject: Please Help before I lose the will to go on

Please forgive me for what follows, it is rather complicated. A little over 7 years ago I and my wife [to be] were married in an official ceremony in New York City. On our return to the Uk we found that we had lost the lice...

This is obviously not a straightforward situation ...

Thanks Lizzie [I don't think you are lazy at all b...

Personally I think you should go back to the begin...