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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.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Complicated Situation, Please Help!

  • sm_786_786
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01 Aug 12 #346597 by sm_786_786
Topic started by sm_786_786
Dear all,

I have been a silent browser on this forum for a while and I have found this forum to be very informative. Hence I am going to explain my situation as it seems to be very different and I am hoping someone on here can guide me on what to do next. I am sorry about the long post but my situation is getting trickier.

By the way I am a british national, born and bred in the UK, currently I am working abroad in middle east and living with my current wife and child (2nd marriage).

My first Marriage:
I got married in pakistan in 2002, she came to UK on spouse visa, now she has indefinate leave to remain (permanent residency) in UK to date, however still a pakistani passport holder (not british). We had 2 kids, the ages are boy-8yrs and girl-6yrs (both British).

During the marriage I bought a house purely under my name and a mortgage in 2003.

The marriage was not working out so we decided to divorce in March 2008, since we got married abroad in pakistan, we decided to obtain a divorce from pakistan using their local procedure through the union council. The divorce was granted and it has been attested by a UK solicitor as being valid in UK because it meets family law act 1986 part II, section 46.

A few months after the pakistani Divorce, I was offered a job in the middle east, I took the chance because this gave me an opportunity to start a new life abroad and to return to UK every 2 months to see the kids.

In order to make sure the kids led a normal life as much as possible, I suggested to ex-wife that she stays in the house and I will continue to pay all bills and keep them under my name, so this includes Mortgage, Elec, Water, Gas, Council Tax bills, I also pay for kids school trips online and school meals as well other kids expenses when I come back to UK roughly every 2 months.

While in UAE, I met my current wife, we got married in December 2008, I am still living in UAE with her to date and we have a baby daughter who just turned one years old.

In May 2012 (3 months ago) my ex-wife said to me that she wanted to go on holiday to pakistan, so she asked me to come back to UK for a month and look after the kids, I agreed, I took time off work and came back to UK in May to look after kids and off she went on holiday to pakistan. When she returned she had announced that she is pregnant and that she met a guy there and got married to him in pakistan court. Her husband still in pakistan and I think he needs to obtain entry clearance to enter UK.

Now the problem starts here: She is now some one else''s wife and yet still living in my house and I am still paying all bills. We didn''t do a financial settlement after the Divorce.

My contract is coming to an end and I would like to return to the UK with my current wife and child but unable to do so because she is still living in my house.

Can I evict her, I don''t want to evict my 2 kids with her as I want them to live with me, my current wife and child. Also, since she is now someone else''s wife, its her husband responsibility to support her yet I am doing all that.

Does she still have a claim on my house now that she has remarried, I check my Land Registry record and there is no home rights Notice on there. No that she has remarried, can she still apply for a home rights notice against the house ?

Its getting to the stage where I can no longer afford to pay "her" bills and I have been told I shouldn''t be now that she has remarried as it''s now her husband responsibility to support her (and he is not paying towards anything whilst abroad), also I have been told that she has no claim on the house and that I should evict her. Is that true? What should I do now? Any advice would be greatly appreciated.


  • Marshy_
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01 Aug 12 #346613 by Marshy_
Reply from Marshy_
Hi SM. So let me get this right. You got married and then divorced. You set yr ex wife up in a property that you are paying for. And then, you married again. All was fine until now yr ex wife re-marries. And suddenly, you cant afford to keep yr family and you want her out cos she re-married and is carrying his child. But all was Ok until she decided to marry someone and have a child with him.

Ok. To my mind. Nothing has changed. Your ex, (the mother to your children) is still living in the grace and favour home that you provided for them. And they live rent free which is fine. Up and to this point, I cant see a problem. And I cant see why you should want to evict them all (you cant just evict the mother).

The only problem I can see you having is if this chap then moves into your house. Becuase he would be living rent free at your expense. I can see why this would be a problem for you.

What I suggest you do is this. Get divorced properly in this country and share your wealth with your ex. That way, she can move on with her life and not be tied to you. And you wont be tied to her. Then she can live her own life and her husband can support her properly. I think it was a mistake you purchasing this house for your family. As what you have done is set yr self up for this sort of situation. Which was always going to happen. And you cant just kick the mother out and keep the kids. That wont work. What you will probably have to do is come to some sort of araingment with your ex as regards to maintenece for the children that you have with her. That is only fair. C.

  • jammin35
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01 Aug 12 #346783 by jammin35
Reply from jammin35
I think there is more to this than Marshy has considered.

Firstly, in your divorce, was any form of Consent Order agreed by a court? Did you agree to pay spousal maintenance?

If so, then you would need to go back to the court to have these overturned as she has married another man.

If not, then i think you have every right to do two things:

1. Ensure that you are paying the correct amount of maintenance for your two children (20% of your net income if there is no other order in place)
2. Ask her to pay you rent for the house and make her sign a tenancy agreement.
3. Write to the utilities companies and explain the situation, pay any outstanding amounts and notify them that she is now the contracting party

Although the children are your responsibility, she is not.

If i were you, i''d move away from the paying of bills and mortgage.

And here''s why: the CSA rules say that they will only consider mortgage payments made in lieu of maintenance where you can demonstrate you have no interest in the mortgage being paid (ie, you do not own the house).

  • sm_786_786
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02 Aug 12 #346838 by sm_786_786
Reply from sm_786_786
Hi Jammin35,

There was no consent order though the court. With regards to "spousal maintenance", I believe I paid that to her since our divorce in 2008 in the form of paying the mortgage (under my name) and bills (gas, elec, council tax, water) and I still do the odd online shopping for them till date. I kept all bills under my name till date.

With regards children, I pay whenever I am in UK, I buy them things they need like toys, gadgets and uniform as and when required, I have online account with the local schools and make online payments of School meals, milk, and trips, would the CSA consider that at all?

I have asked her to pay rent but she is refusing and she wants me to continue paying her bills even though I have threatened to stop.

With regards to Mortgage, I have to pay that because its purely under my name and I will end up with a very bad credit rating if I stop all of a sudden, currently my credit rating is Excellent. Are you suggesting that I completely stop paying the mortgage and risk the house being repossessed ?

  • MrsMathsisfun
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02 Aug 12 #346846 by MrsMathsisfun
Reply from MrsMathsisfun
Think you might have fallen into the ''''re marriage trap'''' if you both have remarried without sorting out the consent order.

  • sm_786_786
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02 Aug 12 #346853 by sm_786_786
Reply from sm_786_786
Ok so how to get out of the remarriage trap ?

Ex wife saying she now gonna take me to court (I don''t know what for as I am still paying all the mortgage and bills. Maybe over the share of the house as there is no home rights notice on it, since she is no longer my spouse my solicitor tells me she can no longer put a matriomonal home rights notice on it.

So I suppose she taking me to court for CSA payments, no matter how much I try and tell her that I can pay her child support direct (after stopping bills) she doesnt listen and is pressing ahead.

  • Fiona
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02 Aug 12 #346854 by Fiona
Reply from Fiona
You really need advice from a solicitor. Different rules apply after a foreign divorce (Matrimonial and Family Proceedings Act 1984.) There is a bar to someone who has remarried applying for financial orders but claims can be made under property law and the Children Act 1989. In the meantime the courts may prevent the house being sold.

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