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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Does anyone know/ advice

  • tiesys
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26 Sep 07 #3952 by tiesys
Topic started by tiesys
I am divorcing my wife on UB. As part of the proceedings, I have instructed my solicitor to apply for maintenance pending suit so that I can "force" my wife to pay her fair share of the overall marital debt we have created.

I have just got a hearing date of December and have been told by my solicitors secratey that the long wait is due to "formalities that we have to complete before the hearing".

My solicitor (who I am happy with), is away for a few days so I can't ask her what we need.

Does anyone have any ideas what we will need to take to court (I guess it's a fully completed form E).

Does anyone know what happens if my ex stalls proceedings by either not putting the E form in, or basically writing a tale of fiction?

Any help/ advice would be most welcome.

Thanks

Mike

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26 Sep 07 #3954 by gone1
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Hi Tiesys. From what I hear there are penalties for stalling and general mucking about but from what I gather its not enforced. I think you have to wait and see. Thing is with your form E is be honest and upfront. THats all you need apart from a form that oulines the differences between you. Your sol has probably done this a milion times so they will tell you what to say.

Concentrate on getting your thousand yard stare right. You get the chance to blank her or stare her out. I have tried both and the blank works best for me. She dont exist as far as I am concerened.

Nothing much happens at the 1st hearing anyway. But your MPS will be floated at that meeting. Its a waiting game. You know your ex better than anyone. You will get to see her form E soon so you will have a chance to get some disclosure on what you think she is hiding. Chris.

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26 Sep 07 #3958 by tiesys
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Hi Chris,

Thanks for the reply.

I guessed as much. I have two reasons for for the MPS route - the first is obvious in that I want her to disclose how much she earns sp that I can get her to pay her way.

The second is so that I can get a charges on some land and property she owns and has purchased since we have been married (that will freak her out). Don't suppose you have any idea whether this will go in the "pot" have you (Solictor says it will but I have my doubts).

The only concern I have is the length of time this all takes and the pressure it builds up.

Once again,

Many thanks


Mike

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01 Oct 07 #4203 by dun
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As far as I know any assets obtained during the marraige are in the pot of assets to be split.

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03 Oct 07 #4264 by gone1
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Tiesys. As Dun said assests are in the pot. It takes a very long time to get divorced now. The current divorce process is supposed to be fast track. Thing is legal time and people time are very different things. Good news is that by the time you get divorced you wont know who or why are in court. Hopefully. I already forgot what my ex looks like. Chris.

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03 Oct 07 #4267 by Vail
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Tiesys,

I don't know if you can get a charge on her properties but you can certainly try for a notice to be put on the deeds at the land registry that you are notified of any attempt at disposition of the property. Your sol will know this, alos remember that you can block and set aside a disposition of an asset held by the x under sec37 of the Marital Causes Act and where would we all be without that?

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10 Oct 07 #4542 by topaz
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all assets go in the marital pot that's a definate yes.my sx2b put an asset he paid in full for in someone else's name but as he paid for it ,it'll still go in our "pot".so he didn't get away with that one according to my sol.

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