sorry for late response, needed to travel to a funeral, just got back this evening.
Recently I was made aware that a working party was reviewing the laws governing divorce and maintenance awards. My situation is complicated by the refusal of my wife to finalise a divorce without reopening the settlement agreement made to her under the courts legal separation process.
In the intervening 16 year separation, her legal advisers have petitioned twice to improve the monthly Tax free amount payable.
In each case not only have the claims been rejected by the courts but on each occasion the maintenance amount was reduced. The lady was found to have attempted creative accountancy measures to cover her earnings and subsequent pension allowances over the years.
I was retired on a medical discharge before the initial separation order and have been unable to return to employment. The company pension was my source of income until I reached 65 years of age when I received the State pension.
The lady herself has now reached 70 years of age,still working and contributing to a pension scheme.
I hoped that if a revision of the duration of maintenance payments is likely to set a time limit to maintenance payments, then this might assist in reducing y outlay with out wasting further court time. I hope that this additional information will help you to review my request
the divorce is stalemate!!!!!!!!!!!!
As I refuse to renegotiate a further cash settlement the Lady refuses to divorce. under the terms of the courts legal separation, if I predecease her then she believes she will receive my pension.
My Partner and I co habit under the terms of "Tenants in Common" due to this no divorce stalemate
a divorce petition has not been filed since my then legal advisor was of the opinion that to reopen the basis of the legal separation agreement would be a futile and costly measure. The Phrase "not a penny more" could be justified
I live in North Yorkshire.
My full address is:-
XXXXX XXXXXXXXXXX XXXXXX
The legal separation was made in the County Court in Harrogate around 1999. I don't have the exact date to hand but if needed
I could try delving into some paperwork In my possession.
the income balance has been the bone of contention throughout.
Whilst my income has always been transparent, the sums involved on the other side have not been so open.
The courts have twice reduced the tax free sum and now is £240 per calender month. This was the result of the increases in earnings from the employments undertaken since the award at the initial separation order.
The enquiry I made to you was not so much about the amount I still pay, rather that the principle of ongoing support is less justifiable after such a long period. Particularly in my view since there is the pension issue I have already outlined to you.
Clearly what seemed a straightforward answer at the start of this enquiry is complex.
I thank you for your interest but I guess the Stalemate must continue, and to incur more costs at this time cannot be supported.
thanks for advice, my main concern is whether the divorce would mean my ex no longer has first call on my pension. I need to clarify with my pensions people if they will accept that as she will no longer be my "Spouse" then that will allow for my partner to be safeguarded.
I am torn between proceeding and leaving the status Quo. It would in my view resolved should the period for maintenance payments be redefined.
I can understand you imply this is not likely in the near future.
Just how risky and protracted in your experience divorce proceedings be both for me and me not wishing to cause my son any further angst?????????
Thank you once again for your advice, I intend to go ahead with divorce proceedings. Are you in a position to guide/ process the requirements?. I'm not at all clear whether there is a commitment to continue through "Just Answer" or if you can act for me in this matter and bill me for the service directly.
I feel I need to get over the festive season and make 2015 a new start for me.
Please detail how we should proceed and perhaps outline a cost basis.
In the meantime have a Merry Xmas
thanks for letting me know the arrangements with Just Answer,so sorry if I put you in a compromise position.
I will now today unsubscribe from the website, as further expenditure is not going to help in this way.
Thanks once again for the reassurances provided.