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I've applied.. my ex just responded to it now I need a conditional order but I can't apply till 31st January we've been separated 12 yrs not even spoken to him in that 12 years x we both don't any properties or have any money or share any children .. do I need a fiancel order
Hello Linzi. You can get divorced without a financial order. The only issue is without a clean break consent order, either party could make a claim against the other at any point in the future. Whether that is likely to happen or not is something you both need to consider. In a nutshell, it's a cost / benefit assessment that you need to make. I hope that helps a little. Take a look at options to get a consent order here. Best of luck :) www.mediateuk.co.uk/how-do-i-get-a-consent-order-for-divorce/
A really well put together video. Thank you. One question, if i may, is that if one partner has racked up significant debt in the form of credit cards and loans without the other persons knowledge, and these loans were for things like teeth implants, hair transplants and botox can this be classed as non matrimonial debts and how do the court ascertain this. TIA
Thank you 😊 The debts would need to be disclosed as part of the process. Then, in the division of assets and debts they would need to be discussed. The use of the debt and whether it was accrued as a matrimonial debt would be on a case by case basis. You would both have to make your cases for and against, which may sometimes be easier for one party to do than the other. Hope that helps a little.
Thanks for this really helpful. Can I just ask, as I'm self employed and my income is variable each month, how would you recommend I fill in the monthly income section? As an average of last 3 months would you say?
For a disclsoure, the court would want to see your previous 12 months profit and your forecast 12 months profit if likely to be different. So the average of these. In mediation it is by agreement what figure you use. Hope that helps.
I have a non molestation order with my ex but it has nothing to do with our daughter. Essentially it's all lies and I have evidence to prove it but I have no interest in refuting it as I left her for a reason. It's a civil one. No bail as the CID found it to not be true. The order states I can't contact her and I can't go near her home. So surely I can have a third party involved? O have her solicitors number so I will ring them tomorrow.
usually an order would allow for contct through solicitor or mediator to resolve child arrangements. But you should always check this yourself as the onus is on you to confirm. Hope that helps a little.
My husband and I were a couple for 23 years before we got married (but the relationship was over after 4 months of marriage 49:00 ). We also had a son after 2 years together. My husband made sure his assets bought during our time together were in his name only (house in England and apartment in Cyprus). Yet for about 13 years he lived in my house without paying any bills while collecting rent from people staying in his place. Would any of that be taken into consideration when determining settlement? Thanks.
You would still need to do a full financial disclosure each on everything in yor own and joint names. Then the correct way to agree a settlement would be based on your future needs. I hope that helps.
Hello. If none of the other 10 methods work to resolve the dispute, then court is the only way to get a final decision on matters. We wish you best of luck with resolving your situation. www.mediateuk.co.uk/11-ways-to-reach-a-financial-settlement/
Hello - A Martin Order is similar to a Mesher Order - it applies to divorcing couples who have no children, where one party wishes to postpone the sale of the property in order to carry on living in the marital home.
Big thanks to *Digitsaltruthseekers* for their incredible support during my divorce. It's not easy navigating such a tough time, but they made it a lot less stressful. Their expertise not only gave me confidence but also revealed evidence of my spouse's infidelity, which was instrumental in winning the case. Truly grateful for their help!!!!!!!.............
Big thanks to *Digitsaltruthseekers* for their incredible support during my divorce. It's not easy navigating such a tough time, but they made it a lot less stressful. Their expertise not only gave me confidence but also revealed evidence of my spouse's infidelity, which was instrumental in winning the case. Truly grateful for their help!!!!!!!.............
Hello, ALL current assets need to be disclosed, irrespective of where they are held and are then discussed as part of the settlement. Future inheritance is not usually considered an asset. Hope this helps and good luck with it all. 😌
My ex has suddenly changed our arrangements where my daughter stays weekend for last 8 years. Because I haven't given in to demands for money she stopped me seeing her again. She contacted CMS so I pay through them. Now she has offered contact again but with only one stay per month she has done this to get the max ammount from CMS . She uses my daughter as a weapon against me all the time. My daughter loves staying with me, even to the point where she was crying not to go to her mum's, I'm stuck she has us all by the neck. I don't know where to turn
Hello, I'm sorry to hear you are stuck on this. I'd invite you to book in a free 15-minute chat with one of our team on your options. www.mediateuk.co.uk/book-a-free-15-minute-call-now/ - wishing you all the best in resolving this.
If my husband and I agree on several accounts not to disclose the amounts on them , but still state what type and the account numbers are in the financial disclosure…can we do that? We agreed to just disclose the large amount accounts to split up. How do we deal with this type of agreement?
There is a thing called 'working' bank accounts - the accounts where money goes in and out. You can agree not to disclose the amounts in these if it changes throughout the month. Hope this helps and best of luck in resolving your finances together :)
I have two children that live with my ex and her new partner, who shes been with for 18 months. We are selling the house as dividing the assets equally. I earn 80k and she earns around 20k. I pay cms each month of £900 to her also. Once the house is sold we will carry out the financial order and finalise the divorce. My ex is not interested in spousal support, but is it likely that the court would force me to pay it anyway?
Hello Tom - it's not a simple one to answer I'm afraid. The court may question why no spousal agreement is in place, depending on the full financial picture and budgets, but it depends on so many factors. If you both agree a clean break would be better, then you may just need to convince the judge of this. They would not just order spousal maintenance without a hearing. Both sets of household budgets would be key to this though. Hope that helps a little :)
You need to do the disclosure at the current time. When you separated may impact how you agree to divide the assets. But they need to be up to date as of now.
How would I include/value my inheritance in form of my parents property in a trust for me and my two siblings? For me these are far from realised funds as my parents are not in bad health and keep mentioning selling to cash in or equity release. Besides the fact that my ex has kept and wants to keep the nearly 100k of inheritance from her mother and some premarital that was in our house at the time of leaving the property and separating, 60k of which was gifted to us for me to renovate the house.
Hello Mark. If your name is on the trust, your share in that trust must be valued and disclosed. Any inheritance already received must also be disclosed. Disclosing an asset doesn't mean it has to be shared. That would form part of the discussion on finances. But not disclosing could invalidate any legal agreement and put you in contempt of court. Think of it in two stages. Disclosing everything is stage 1. Stage 2 is to discuss how any assets are to be divided and what you agree should not be shared. Hope that helps a little. As always, I have to recommend getting legal advice. All the best.
Hi Spousal Maintenance is primarily due to budgets, and household budgets. Each scenario can be different ofcourse and length of new relationship is a factor. There is more on spousal maintenance here: www.mediateuk.co.uk/guide-to-spousal-maintenance/ - Best wishes for your future.
How is it fair that husband who built-up the assets of 22 years and paid for everything, suddenly has to divide for spouse who isn't working and didn't pay.
Hi Simon. Under family law, the roles played in the marriage are treated as equal when looking at division of assets. We wish you best of luck in your future.
Hi Ben. You can ask the court to enforce an order. Its a long process but going against a court order repeatedly will eventually result in action. Best wishes for resolving this.
Hi, my child mother died and I want to prison a few years after for unrelated things. Me and his grandma on his mother’s side both shared who had him but he was mostly at hers. When I went to prison she went to court and was awarded custody and that she was to decide whether I was fit to take care of him if I wanted to pick him up. Years later she still won’t let me take him anywhere without her coming with us. Is she even allowed to do this? I’m in no way a danger to him and she doesn’t even let me go to the park or anywhere without her coming and she has never even done that because she just makes excuses up like it’s not the right weather or it’s too late now she won’t let me see him on Christmas or birthdays anything and she won’t even give me a reason. I’ve looked online and there is only information on what to do if it’s your ex partner but it her mother. Could you give me any advice please? Thanks so much
Hello - This would need further looking in to, but sounds like you will need to do family mediation and then apply to court for a child arrangements order if that doesn't work. There is currently £500 in vouchers for mediation in such a scenario for you to use, or legal aid if you are on a low income. Best of luck with your future.
Hello. This needs a bit more context to answer. You can call us on 0330 999 0959 to go through it, or try our new ai chat box too www.mediateuk.co.uk - Thank you :)
Re Pension, how does a CETV for example 500,000 compare to a property at 500,000. If one party takes the property and the other the pension that would appear unfair as the pension cannot be cashed in for that CETV amount and it would not be possible to cover a mortgage with just that pension income to purchase a property valued 500,000. A property can be sold to raise cash but not a pension ? Hopefully that makes sense,
Hello. Assets that are realisable, such as a property are usually treated separately to those that are not realisable, such as a pension. There is no fixed rule, but to get an accurate assessment of the offset value of a property against a pension valuation, who would need to use a Pension on Divorce Expert (PODE) or an actuary. Unfortunately they will charge for this. Remember to focus on both parties meeting need and if you can reach an agreement and meet needs then that is the way forward. Best of luck in reaching an agreement.
Can a mother of a child, go after my ex-boyfriend's, new American wife for child support in London England? And does it matter whether she has dual citizenship?
hello. child support is based on the income of the parent and not their partner. who you live with can affect household budgets, which does impact spousal maintenance. this is a separate area of law however.
Hi Ali! This is the most up to date video on RU-vid about Separation Agreements. I have a question. What if the husband is a UK citizen who lives in the UK while the wife is a Canadian citizen who lives in Canada? And they got married in Canada. Can the husband get a Separation Agreement in the UK using a UK solicitor such as yourself? (24 May 2023).
Yes if one of you is habitually resident in the UK then you can. Where you got married is not a factor. As always, it would be worth taking legal advice on your situation too. All the best.
Hello. You should always take legal advice, but if you filed a Form A with court, they would want see that a disclosure has been made before a first hearing. That may help. Best wishes with your situation.
Legally, is this process only valid if divorce proceedings are started, i.e. decree nisi/application, etc? Is it also right that once a decree absolute is granted, that this is final in terms of finances (providing there are no issues re disclosure, etc?)
Hello. A legally binding agreement would require a consent order. A clean break consent order would ensure finality once your final divorce order has been granted. You can book a Free consultation here if it helps. www.mediateuk.co.uk/book-a-free-15-minute-call-now/
I know that my partner has lied on her form E about her pensions contributions/assets, she says she has none. In the first hearing the judge asked me if I had any questions to ask her or her Barrister about her form E and i said no. I now know that she definitely has a pension but can i email the court/judge and query this or mention it in the 2nd hearing ? Or have I missed the opportunity?
Hello and thank you for your question. For specific queries like this, we cannot give advice, but recommend taking legal advice. Get in touch if you want us to recommend a good solicitor. www.mediateuk.co.uk
Hi Jay. You would need to take legal advice on this as no set answer. Shop around for a solicitor or you can get fixed fee legal advice on your whole situation through here: www.mediateuk.co.uk/legal-advice-packages/
So getting divorced, I signed a prenup which states if we split we leave with what we brought into the marriage. She owns the house, she bought before I met her, which I don’t want or intend to ask for half, I don’t own any assets, small amount of savings and no debts. I just have my two pensions. So my question is this if she insists on half my pensions can she get them even though I don’t want half the house or land sale which will be in the region of £400,000.
Hello - To answer your question a solicitor would need more information on your situation and to see the pre-nup. You need to reach an agreement - as going to court is going to be very expensive. Take a look at the 11 ways to reach an agreement and see what you can agree on. www.mediateuk.co.uk/11-ways-to-reach-a-financial-settlement/
Is there ANYWHERE I can get free advice? I have a legal aid solicitor but I don't believe she's giving me the best advice. My ex husband has stolen £320k off of me, and they're forcing me to accept a clean break. I dont think this is the right thing for me. I'm on UC with 3 kids and limited money. He's a director on £100k a year. I'm so frustrated and ehat I find online is contradictory to ehat my solicitor says.
Hello - sorry to hear you are not happy with your solicitor's advice. You should never be forced into accepting something. You can find legal aid advisors using this link find-legal-advice.justice.gov.uk - we wish you all the best in resolving this situation.
Possibly. Liabilities and assets are taken into account in the overall division of assets. It depends on both your needs moving forwards. Hope this helps a little. To properly answer you would both need to do a financial disclosure.
Hello Nisha. The key factor is always how busy the court (processing centres) are. Most people are finding the full process takes 9-12 months. Which is about the same as before the new law came into effect.
Been looking at the D81 form - it asks to complete the form before and after the imposed order, but how do you complete this if you've already divided assets and been living separated for a few years?
Hello - The D81 must show the current financial situation. You then lay out what arrangements you made at the time of separation. We offer a free call if you need help with a consent order. Visit www.mediateuk.co.uk. All the best.
its a disgusting practice , once the assets are divided and you don't have children together why should you have to support your ex in any way? They don't have a right to your money or to the lifestyle they are used to .
Hello Malus. When married, you fall under family law and the Marital Causes Act. That is all based on need and the Section 25 factors. This includes considering whether there is a need for any ongoing payments between you once divorced. We wish you all the best in your situation.
Hi, just wondering if spousal maintenance is permitted prior to mediation if both parties agreed or will it not be allowed til financial disclosure and agreement
@@k2datrack Unfortunately there are many young men about to get married that do not know what they are signing themselves up for. I got married at 24 years old and had never heard of spousal maintenance until I separated with my wife 14 years later.
