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  1. I am asking generally as I can see things going this way if I'm honest. Embarrassingly I have been married around 13 months after a 6 year relationship and we bought a property Feb 2017. Mother in law provided £60K as gifted deposit (proof that it was non returnable) and Wife provided £100K that was gifted to her by her mother. We set the TR1 up as tenants in common 70% her way and 30% mine due to the fact that she provided roughly a third of the houses value upfront and then we went halves on the mortgage. We also setup with a solicitor that the first £100k of the sale of the house would go to my mother in law to cover renovations she's paid for. Now I have strong evidence my wife is carrying on with a work colleague (been seen out, tracked to his house, shes hiding messages and always on the phone). Am I right in saying that if we divorce and the house sells, given that it'll be worth around £420k the following is correct: Value - £420k Mortgage O/S - £200K MIL - £100K Remaining = £120K The remainder would be split 70/30 based on the TR1? I hope this is the case as wife has put me in a bad situation but equally herself by messing around so soon into the mortgage. She's indicating that a solicitor has told her that her £100k investment would come off first but that makes no sense as we have paid the mortgage 50/50 and the TR1 would be a pointless exercise. Hope this makes sense and someone can offer something before I seek legal advice.
  2. Fully digital divorce application launched to the public England and Wales READ MORE HERE: https://www.gov.uk/government/news/fully-digital-divorce-application-launched-to-the-public
  3. I'm posting this on behalf of a family friend. He's a retired 72-yr-old and in the middle of a divorce (to a Turkish lady he was married to for 9 years). At one stage he thought he was going to lose the house he's lived in for 50 years and owns outright (worth 90K), but it is looking increasingly as though he will get to keep the house but will have to pay her between 15K and 25K (not sure why since she's already taken his entire 25K life savings whilst they were married, but who am I to question the law). He wants to know... (a) Since the house is not part of the deal, can he legally give it to his daughter or at least sell it her for a trivial sum? (b) If so, if his divorce payments thereafter become late, will the courts then make her give the house back even though she legally owns it?
  4. Armed forces pensions on divorce and dissolution of civil partnerships READ MORE HERE: https://www.gov.uk/government/publications/armed-forces-pensions-on-divorce-and-dissolution-of-civil-partnerships
  5. Hello I am very confused not least because my wife has walked out on our marriage after 35 years and apart from the relationship upset there is a considerable amount of property in the mix. Unfortunately she left in the last tax year so spousal transfer without CGT is going to be a massive problem. I have spoken briefly to a solicitor but he just confused me even more. I have no issue with the relationship split but the business split is going to be complicated for all sorts of reasons not least CGT. My wife and I are on talking terms and are both keen to get this done smoothly and cheaply. Is there any alternative to using a solicitor? We are business partners already and we are both happy for that to continue without disposal or divvying up the properties. Any suggestions greatly received>
  6. Hi everyone, please be patient with me as i am new on this site. My partner divorced his ex wife a couple of years ago and it cost him over £1000 but at the time did not have more money to be able to resolve the financial side of things ie selling the property and a clean break order, so we spoke to a solicitor a couple weeks ago and she said that it can cost him between 3 and 5 thousand pounds to go back to court to sort out the financial side of things. we can't afford this kind of money as we dont have any savings etc, so we are going to attempt to do this ourselfs, the story is as follows and thankyou in advance for any help offered on here as we dont have a clue on what we are doing:-D... As mentioned he divorced her, she lived in the mortgage free property as they paid the mortgage off before he left her due to her drinking, her abusive and unresonable behaviour 8+years ago, he also did alterations and extension to the property before he left, they have a son together that also lived in the property with his ex wife up until over a year ago when she kicked out her 17yr old son and tried to get him done through the police for actual or grivious bodily harm, the police took the minor to court and she was basically laughed out of court by everyone as her allegations were unfounded and it turned out that she had smacked him and he tried moving her of him when she struck him but because she was severely drunk she fell and hurt herself, the child then went to live with my partner at the grandparents house, she has been harrassing with callls and messages for a number of months now wich has been reported to the police in the past and she got a telling off from them but she keeps doing it, anyway we just want her completely out of our lives now and my partner wants to sell the property that she is in still so that he can secure a home for himself and his son who is now 18yrs old . I went to the courts today and they gave me a CPR Part 8 claim for to fill in. My questions are: 1. Is this the correct form? 2. Are there any templates that i could follow to fill it in as there is not much space where it says details of claim. 3. The deeds of the property shows them as joint tenants and he is entitled to half of the house in theory, so how quickly and likely is it that he will get a house sale order? 4. We know that if the judge agrees to him having the property sold so he can receive his share we know that she will try to put prospective buyers off, so can something be added by the judge stipulating that she is not allowed to put prospective buyers off and can he be there when people go to view the property?. 5. Can we send a estate agent round to value the house as we dont have a clue how much its worth so we can add this to the claim. 6. We were also told that after this he has to apply for a clean break order so that she wont be entitled to any of his finances, pensions etc, any ideas on how we go about doing this? Any advice will be very welcomed as we cant carry on with this situation any longer she is making our lives a misery, we have even offered her mediation so that they can come to some form of agreement to sell the house but she point blank refused as in her eyes its her house and he is not entitled to any share of it!!!
  7. I am seperated and live in the former matrimonial home (no young children) there are two restrictions on the property in my ex husbands sole name. I bought the ex's beneficial interest from the trustee in 2009 when he (the ex) was declared bankrupt, for a nominal fee using the same solicitor as the trustee. I was unaware at that time that they were not dissolved in the bankruptcy. I only discovered that they remained 6 years later when he left me. I have recently learnt that he (the ex) will be inheriting 50% shares in two properties and will be getting a lump sum. This of course sticks in my throat a little given that throughout our entire marriage I lived under threat from debt collectors, bailiffs and HMRC because he never submitted tax returns or paid anything he could get away with. Only a few days ago he told me and I quote 'that house has nothing to do with me' So he swans off with the new love of his life leaving me with a huge interest only mortgage that will end in 10 years (I will be 64 then) and any equity I may have had will pay off his debt whilst he lives mortgage free! My questions are: 1) Would I have any grounds for potentially suing the solicitors for not acting in my best interest in the purchase of the beneficial interest, because I feel if it wasn't the same solicitors acting for both the trustee and myself they would probably advised me of the consequences. 2) Can the creditors with the restrictions try to collect it from him direct if they knew he had money/other properties with equity, or can they only collect it from the sale of my home now they have restrictions. 3) When we divorce and it comes to the financial side of things, would a judge expect him to pay off his debt as he's going to be financially secure and I'm not. I know he'll have to stay on the mortgage and I will be ordered to use my best endeavours to get him removed, but that's not going to happen on my income, that shouldnt affect his ability to buy himself somewhere to live because he'll have enough not to need a mortgage anyway. I cannot afford a solicitor, I have paid off over £3,000 in mortgage arrears accrued before he left, and am only now two years later just about getting back on my feet emotionally and financially. Any advice would be massively appreciated on the subjects of divorce and the restrictions as its worrying me immensely Thank you for reading my sob story
  8. Hello all I'm just about to apply for Decree Absolute, but before I do I really want something in writing from my Husband concerning payments for the Children. I have not gone after anything which he owns and am not interested in doing so - after what has happened I just want to get away from his as much as I can. The background is: He has his own house (still mortgaged), his business (service and repair of motor vehicles). He also owns a racecar which is valued at around 12 - 15K. He apparently earns minimum wage, but also gets paid cash on some jobs (which I cannot prove). My background is: I live in a rented house with two children ages four and six (both are his children). I have a business which I started in September this year, but cannot draw a wage yet. I receive working tax credits. I am also about to apply for a DRO as when we split there were some debts and I also had to send our caravan back which left a big financial hole! I went onto the CSA site and from the basic wage info I was able to supply it calculated that I should be paid £29 per week for both children. This has been set up. My problem is this. I am not the best when it comes to remembering to include everything and I need something in writing that can be followed by both of us before I file for Absolute. I also struggle to put down on paper whatever is in my head, so I've probably missed important information on here too. Please can any of you people give me some guidance about this situation. I need to put something down on paper which lists payments which my Husband should make and, maybe, some kind of consequence if he doesn't? I am unsure if I can make any claim against him once Absolute is granted. Can his racecar be made into some kind guarantor if he's lying about his income or doesn't make payments? I really don't have the money to employ a Solicitor and just want to sort this as soon as possible. Thank you all in advance
  9. Sorry if ive posted in the wrong place, I have recently got divorced and having an NHS pension have had to surrender 24% to my ex. I have just had a letter from her solicitors demanding £3117 as admin and implementation fee which after checking on the nhs pensions website is valid, my issue is, as an ambulance man I don't tend to carry that sort of money round ( I wish I did) I have bad credit because of the marriage and after paying £425 pcm maintenance I don't have a lot left to live on, any ideas for a solution to this matter anyone, it would be appreciated.
  10. I'm currently divorced but have recently noted from the divorce documentation that a Clean Break Consent Order is needed to ensure my financial future is protected from any claims my ex wife wants to submit. There are many online websites that can help, for a fee, but I want to do this myself if possible - is there any specific forms I need to complete or download since I cannot locate any on the internet. any help appreciated.
  11. Hi - I hope I have put this in the correct forum? Could someone please advise myself and my partner regarding the martial home following my his divorce over 10 years ago? He was awarded a share of the martial home in the initial order when, either she remarries, cohabits or sells the house. It did state that she could stay in the house as long as she wanted. As the children are now grown up and she has moved out of the properly over a year ago (she now rents it to their adult son and his partner) my partner has decided to pursue the matter to get the house sold so we can all move on. She apparently is renting a flat because she cannot afford the mortgage now that my partner no longer has to pay child maintenance. She did however cohabit with a partner 5 years ago but told him my partner if he pursued the matter she would deny he was living there and she would 'kick him out'! At the time my partner was not in a good financial position to pay for legal action and also two of the children were still at school so he did not pursue it. He is still not in a good financial position as he is self-employed and only has enough income to cover the monthly bills as it is. Therefore my question is, as he cannot prove she did cohabit (her solicitor has said he has to prove it), can he argue that she does not even live in the property anymore? The stress of the situation is making him ill and he can't afford the financial battle. He has been more than generous at the time of the divorce and only settled on 12.5% share of the house but she seems determined to fight him all the way. One other thing, my partner suspects she has topped up the mortgage, will this affect his share? Thank you in advance.
  12. I hope this is in the correct section, I am posting for a friend who is currently going through a divorce. Ok my friends husband had an affair and has moved out of the family home and into a home with new GF, leaving my friend in the property along with his 2 children who are both over 20. He has been paying 50% of the mortgage along with 50% of the loans they had taken up to renovate the property which included building an extension and although the main part of this work had been completed it had not been finished when he walked away to his new life. My friend has since finished works required at her expense and has been covering all the utility bills etc. The divorce has been going through but the husband has not agreed to anything won't sign or produce all of his financial stuff ie pensions etc, three months ago with out any notice he stopped paying his share of the loans and the mortgage which you can imagine leaving my friend in quite a financial mess, thankfully family are stepping in and making payments but she is sure that the missed payments have already impacted her credit score and she will need to purchase a new property with a mortgage this needs to be good. The house was put on the market and he was informed by the solicitor again this was letter was ignored but the day of the open house he was straight into the estate agents wanting to know what was happening and complaining it was his house and he needed to be kept informed. There were several offers and the house has sold, but he won't sign any of the paperwork!! My friend has a court date in March but he has now ill and could be in hospital, so she is now thinking the court case will be cancelled due to his health, the problem is she can't afford to continue to live there and is getting into more debt due to him not signing anything etc, can anyone please make a suggestion of what she can do.
  13. Hi sorry to bother here. I am new to here and I need urgent advice regarding a letter sent by my husband. Can someone kindly help me to start a new thread as follows: Husband send letter using solicitor for his intention to divorce: Hi I am a girl of 23 years old from Bangladesh. Five months ago I got married to a guy who is a student in London, UK but Bangladeshi national. He is on student visa in UK. The marriage was arranged by my family and my husband family. We have talked and seen several times before marriage and he was very nice to me. In one point of marriage arrangement process his family asked for huge money (£11,000 equivalent to BDT 14,000,000) from my family to get married. At that point I refused to get married to him. However then my husband called me and told me he never asked me for money and his family was mistaken and he started talking me sweet and nice. I fall in trap of him and agreed to get married. We then got married with a huge function at Dhaka. I then stayed with him few days and he then left Bangladesh to come to London. After he came to London he was okay with me for few days. However then I found he started contacting me less. At this point his brother in law demanding money from my family again for £11,000 ( BDT 14,000.00). However my family could not afford to pay the money. At that point his sister was getting married and they started asking us money for her everyday, my parents borrowed money from one our family friend for £1,500 (BDT 2,000,000) and paid to them. However they still asking money from me. At that time I was almost suicidal and however with my family support i was okay. My husband was keeping in touch with me at that time but only once a week or once in 2weeks and he always started arguing with me for everything. He started saying that I am not smart etc. etc. and started mentally torturing me. Last month I uploaded our wedding picture in my facebook and then he become very rude to me and said that he will divorce me if I do not take off the picture from facebook. I then got totally shocked and cried. As I was scared I took off the picture. After that my husband and his family started abusing me saying that I am not smart enough etc to be his wife while he married me after seeing me everything. Please note I am smart and graduate from well known university in Bangladesh. Anyway his brother in law never stopped demanding money and we could not provide them money as we do not have that much money. My husband then almost stopped calling me and he only used to call me if I ever call him. I think he only used to pick the call to find if money has been arranged. Now yesterday I received a letter written by my husband which was sent by a London solicitor. He wrote ' I write to inform you that our relationship as wife is formally terminated. The reason he has given saying that he has no love for me and also he says that I hide my past history to him. Please note I was married once 7 years ago which I got divorced 7 years ago. My husband and his family knew all these very well and we have told them everything before we got married. Now I can see that they are denying everything. As he has sent me a this letter, can you kindly advise what should I do now, please?
  14. Hello Wondering if anyone can assist. A few weeks ago, I received a petition for divorce from my soon to be ex. I put it aside thinking I had about 28 days to acknowledge it as I was and am still in the middle of arranging moving home. Unfortunately, now I've lost the forms I was sent AND I was told I was required to acknowlede to the court within 7 days of receiving the petition. Any ideas on what I can/should do asap please? Thanks in advance.
  15. Apparently, according to a friend, you can get divorced for £60. This is apparently what her parents did. My husband and I want a divorce, there is no dispute, we don't want to fight about it, we've been separated for a while and have both met someone else. What is the cheapest and easiest way of getting a divorce? I have a form printed off the internet "Application for a decree nisi/conditional order or (judicial) separation devree/order) - it's just one page and theres the option for "undefended case" which is what seems to be the right option for us. Any advice gratefully received.
  16. Hello - I made appointments with 4 solicitors for free advice about my divorce, one of them carried on chatting away after the the free alloted time. She didn't mention I was going into paid time, and now I have received a bill for £135. So far I have seen 6 solictors on this basis and all have outlined what they can offer me, and given free advice. But this one solicitor decided to charge me. Is there anything I can do?
  17. I've recently separated from my husband. He's been advised that I can claim 50% of his pension accrued since the day we married and vice versa. We had 2 children before we married and were living together for 10 years before we actually got round to tying the knot. When the kids were young I worked on and off and mainly part time so didn't actually start a pension until 9 years ago so its pretty worthless just now. Should the 10 years prior to marriage be included in calculations when deciding what I should receive? He walked out and is refusing to contribute any further to any household bills, we rent a house so no mortgage to worry about and kids are all grown up. I wasn't planning on asking for a share of his pension but he's left me struggling to meet ends meet every month. He always earned about £600 a month more than I did and we shared all bills. I have HP on a car that I need for work but this was taken out when we needed a second family car. I was the one who took the finance while he kept the fully paid family car. Could this be counted as a debt that he should be contributing to?
  18. I was going for an administration job and reached the second stage of the recruitment/interview process, when the company suddenly turned around and stated that I would have to undergo a credit check. I have been having a few debt problems on the count of my recent divorce from my ex-partner and had to take out a myriad of loans to keep my family home with 2 young children from going under. The company realised my bad credit score and in the end did not offer me the job because of it. I am struggling to pay my rent on the low income job that I am currently doing which I have been in for the last 5 years.... it's not enough and then when there is a glimmer of hope, it got taken away just like that due to a credit check! So I am desperate to know what other people's experiences with this kind of issue has been and the methods you have taken to move past this. How has this affected you? Because quite frankly, it's affected me and the up keep of my children badly....
  19. hi im so hoping that someone might be able to help me , Febuary 2011 after years of abuse the police arressted my husband as they broke the door down and seen him assualt me (they had been called out 27 times in a year) i know people may think why didnt you just leave him but he was addicted to prescription medication and would have this vacant look in his eyes and i knew that man WAS capable of killing me i was too scared , Well after 3 years i feel strong enough to file for divorce (too scared too before incase it angered him) , but found out there isnt any legal aid im desperate to be finally free of him and im not working and cannot afford the cost that it is for a divorce is there ANY help at all ? i appreciate any help or advice anyone can give me thank you
  20. Hi, I am new to this site and have been going through a very nasty divorce for the last year. Things have got very bad now and my soon to be ex husband is threatening to complete an IVA. The situation is my husband left in July 13, whilst I was 17 weeks pregnant. We now have a 2 year old and a 6 month old. My husband has not paid anything towards the mortgage for our house since he left in July 13 and I have been paying this in full on my own. We have a joint loan (all of which is his debt but it is in joint names) with a balance of 23k outstanding. My husband has been paying the monthly payments on the loan and I felt this was reasonable as I am paying the mortgage (which is more expensive per month) but as both bills were being covered I have not asked for any help towards the mortgage or upkeep of the property). My husband pays maintenance for both children, directly to me and not through the CMS, but has recently reduced this as he says he will only pay what the CMS say (a difference of £11 per month) and has also not been paying on time which is causing me financial difficultly as i have direct debits to pay the bills coming out. We have had an agreement about maintenance for the last year via solicitors but he is now not sticking to this. If i were to go via the CMS i would end up worse off as we both would need to pay the CMS fees meaning the children get less money per month. To reduce legal costs I have been corresponding with my husbands solicitor directly but he is failing to give any answers about the finances and my husband will not attend mediation unless we are in the same room. I cannot do this due to the psychological abuse he has caused and doing so will not assist in repairing my mental health. So the situation is he is now refusing to pay the unsecured loan and discuss the finances any further, I am paying the mortgage and he is saying he is taking out an IVA. I am very worried that this will affect the mortgage and make me and the children homeless. Can anyone help to advise me what will happen if he does not pay the loan? Will it affect my housing position? Is there anything i can do? I have spoken to the loan company and they have advised they will not discuss any financial arrangements with us unless the loan is in arrears which will create a default on our credit ratings. This seems crazy and surely they should try and help us avoid this situation especially when i am offering some payment, i cannot afford the whole monthly payment while paying the mortgage. I am sorry this is very long, but I thought it best to explain the whole situation. Please help!
  21. please advise. After searching internet for a cheap legal company to do my divorce papers, i settled on legal &Co based in Wiltshire. I have already paid for a fixed fee divorce at a cost of £460 plus another £400 for doing a consent order. They have hardly started doing any work for me when i have been shouted this afternoon 11/714 at by the case manager (john) simply for requesting an acknowledgement email for receiving my docs posted to them two weeks ago. I find the man John hyper sensitive and rude and now blaming me for rudeness. He so far as went on to say that if i did not like it i could lump it and there would be no refund. After i threatened to report to law society he backtracked and changed his tone a little and then ask me to send further papers so he could move my case forward. I have since lost trust in this firm . i dont know what to do now as i have already paid close to £1000. I dont know whether to carry on or withdraw from them. please advise
  22. Going through a messy Divorce at the moment. I am having difficulty raising a settlement figure as i am 47 years of age. The Maximum mortgage i can raise will be 40 k as to my age and income. My ex wife solicitor has stated i can raise 70 k. This is where it starts getting interesting My ex- wifes solicitor has contacted an independent financial advisor, she has given them all my private confidential details without my express permission. She is using the figure of 70 k in trying to bully me into submission Can her solicitor do that, that is pass all my confidential financial details to an out side Broker for a quote without my express permission
  23. My husband and I separated almost two years ago, no kids, fairly equal salary/savings/pensions/cars and we have a joint owned property. He lives in the property which has been for sale for 18months with no sign of selling and he is reluctant to reduce the price. I would like to move forward with a divorce, which i understood from legal advice already would be fairly simple under the quite equal circumstances but we would need to sort a house sale. My husband agreed with the sale as does not want to keep the house, he does not want me to buy him out but with no sign of sale what can i do next?
  24. I need to start divorce proceedings however i am concerned that i own a house that i no longer live in but is in negative equity and my ex doesn't earn enough on paper to carry on with the mortgage. I have made no financial contributions since we separated two and a half years ago. I would like to legally remove my name form the mortgage. Is it possible to do this during divorce proceedings? Or will I be legally responsible until the property is sold or my ex agrees to buy me out? We have a verbal agreement in place where he pays no maintenance and i no longer pay my half of the mortgage. I really need to move on but this is a massive sticking point - any help or guidance is grateful. Thanks for your help, I'm legally blonde ha ha!
  25. Hi was just wondering if anyone could help me.I am currently starting divorce proceedings to divorce my wife of 20 years.My question is regarding selling my house.Obviously i know she is entitled to half of everything but was wondering if i am able to put my house up for sale while the divorce is being processed.The house is in my name only as it was left to me by my parents when they died.The ex is currently living in my house with my children but she knows she has to move out as it will be getting sold.I just want to know if i can actually put it up for sale now as i have been told i am not allowed to until the divorce is sorted.I just want everything sorted.any help would be greatly appreciated.thanks
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