Divorce! on line or a solicitor

mackemdave

[QUOTE .
Yes you can. I have one and there were children involved.[/QUOTE]

Surely there must be something in the consent order that allows your ex to review the Child Maint if there is a change in your circumstances....and vice versa if your circumtances change for the worse

mookiandco

It is unusual for a clean break order to not include a nominal maintenance clause if there are children of the marriage. It will simply state that one party should pay the other £1 per annum until the youngest child reaches the age of 18, finishes full time education or marries. This is because the Court believe that whilst you can have a clean break with regards to the parties, if things change financially for the payer of the maintenace or the children need more maintenace or money for things that were not foreseen at the time of the divorce it is left open for further claims. If the children are shared between the 2 parties, there may be a nominal maintenace order in favour of both parties, but as said it is rare for the courts to allow a clean break order without one at all.

In relation to the Pension, this is one of the only assets where any entitlement to it will come to an end upon Decree Absolute, so if this happens, he would lose his right to the pension but all other claims on capital and income would be left open even after Decree Absolute.

izzybusy23

tech2 wrote: »

We have unfortunatly grown appart! and the wife is going to leave with the 2 kids! One is mine and the other from her formaer marriage!

Our child is in Infant school and I have taken her to school etc for the last 6 months. All is quite ammicable and I am keeping the house that is allagreed and buying her out, this is to be drawn up by a solicitor very soon.

Who should divorce who? me the male wants to do it my self for the petition at least and then use a solicitor for the rest of the fiance's and child bit. I need to this to be done to ring fence a potential cash winfall due in the new year ( I think the tech term is RING FENCE) so if the divorce has been served this protects me and stops her getting her hands on it?

The trouble is she has a very good GOV pension scheme and a free meeting with a solicitor has made it quite clear that even though it is her pension she (we) have been paying into this since we first got together and will be worth a considerabke sum!

If I divorce her DIY will this put me in a risky postition lossing any claim to this pension and how does it go about access to the little one?

Hope someone can help me. We have no debt so we are very fortunate as we down sized when houses where going for a lot of profit and paid it all off but we have very little in savings either!!

Thanks

You cheeky sod!!!! You want to protect your 'windfall' but still rubbing your grubby little hands together for get half of her pension!!! :eek:

I think she should divorce you!!!!

mackemdave

izzybusy23 wrote: »

You cheeky sod!!!! You want to protect your 'windfall' but still rubbing your grubby little hands together for get half of her pension!!! :eek:

I think she should divorce you!!!!

Amazing isnt it....I often wonder are these people for real or just make these threads up....Whats yours is ours whats mine is mine certainly comes to mind with this OP

Becles

mackemdave wrote: »

Surely there must be something in the consent order that allows your ex to review the Child Maint if there is a change in your circumstances....and vice versa if your circumtances change for the worse

Yes, there's the nominal maintenance clause that has been described.

In terms of all other assets from the marriage, it's all been split up and agreed on, and neither can ever claim on the others assets in the future.

boyang

Have you talked to your soon-to-be ex about the fact that you want to claim for some of her pension? Do you have a pension too? If you do, this goes into the 'shared asset' pot, as do any savings, any equity on the house, etc. I would be very cautious about getting a solicitor to draw up anything about the house if the rest of the finances have not been agreed as you will be creating a legal/fiancial tangle that will be cause massive issues later on. If you haven't talked to her about your intentions re: her pension, then I suggest you do so - do you really want her to know about it for the first time in a letter from your solicitor?

As someone else mentioned, you need to have grounds for divorce - adultery, unreasonable behaviour, separation (2 years with consent or 5 years without - unless you will be getting divorced under Scottish law in which case so many things are different that you may as well start a new thread specificying this). It doesn't really matter who petitions for divorce, it changes nothing in terms of your 'entitlement' nor in terms of access. But it can affect feelings - if she doesn't know that you are going to petition for divorce and then suddenly gets paperwork it can feel like a kick in the guts, even if you have agreed to split. You also say that you want to be the one to do it as the male.....er why does this make any difference?!

Imp

I hope your divorce goes as well as can be expected. Don't worry about the negative comments on here, just imagine they come from bitter women who think that all tangible assets in a relationship belong to the woman, and their views and opinions are biased as a result.

Just remember, everything goes into the pot, and the pot is split. You will be a better man and be able to hold your head up high if you can say both;

"I wasn't stitched up"

and

"I didn't stitch her up"

mackemdave

Imp wrote: »

I hope your divorce goes as well as can be expected. Don't worry about the negative comments on here, just imagine they come from bitter women who think that all tangible assets in a relationship belong to the woman, and their views and opinions are biased as a result.

Just remember, everything goes into the pot, and the pot is split. You will be a better man and be able to hold your head up high if you can say both;

"I wasn't stitched up"

and

"I didn't stitch her up"

Im not a "bitter woman"......and trying to "stitch her up" is EXACTLY what the OP is trying to do by wanting to "ring fence" his potential windfall yet go for half of his wife's pension.....

But to be honest I still think this is a hoax thread and we will never hear from the OP again

tech2_2

Thanks for all the replies!

A bit more info is required i think as it appears that some of you think im a Bstd! when im not.

We where in debt (when she moved in with me just the cloths on her back put her on the mortgage) We have always just payed what ever and never fused about who paid for what!

Sold the house when the price was high paid off debt for me and her + deposit and £5k to do up new house which was a mess. Still had debt from failled business but carried on.

Had a sticky marriage 07 but went to relate and worked it together but when ur working and all the cash is going out we all have been there. So I have and illness whoch caused me to stop work last yr. She said best to take time out and get ur self OK. So looked at all options and decided to go Bankrupt and then after 12+ months start a new life with noe debt.....25 days in she says she wants it to end! so whos the nasty one now??????

Theres me looking to a great future when someone else had a differnet idea in their head!

SO she hates the house as its in a counicl area buit to be fair we have met more people here than in the old place! and I like it here. She is preapired to take a sum of cash and get the house signed to me in the next 2 mths. We have agreed on who is having what in the house and have started buying other thinsg so we both are OK...

She knows of the potential windfall and is not bothered! as as she said she could have waited for that to happen which could be next yrt coulld be longer!!!!

Due to lack of income and mounting outgoings my pension was frozen but we left hers as it is a goverment one and very good. So maybe some advise now. Yes she knows she could stay in the house but does not wont it, so it is more ammicabel then you think.

I have seen a solicitor 30min jobby and was just after seeing what u guys in here said as its a brill site... Solicitor said to go for half pensin as it has in a round about way been paid into by you both as it is a considerable sum each month and she has pnly had it since we have been together!we only have one child the older one is from her previous marriage and the older one has asked if she can still come round here to me and stop over!! so I think it willbe not as easy for her as she says or thinks it will be as I do 85% of all the house work, ironing cleaning cooking running the kids about, which to be fair to her was the deal we agreed on last yr. although i feel a lot of resentment as she is working and im not!

Thanks I await your replies

neneromanova

Both pensions will more than likely be put into a pot and halved, but as you have a windfall coming, the person who deals with this may think well ok, He's getting X amount in the windfall and so she can keep X amount of her pension. Or even the windfall might be put in the pot and she gets some of that too. It's hard to say really. I would just say she can have the pension, you keep yours and the windfall and leave it at that.