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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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This question is for Clare. Hi Clare, refering back to my

Customer Question

This question is for Clare.
Hi Clare, refering back to my earlier question
things have changed, since june the divorce was completed, decree absolute, consent order signed and agreed, then at the last minute she changed her mind and the judge dismissed it...she said she wanted £150,000, not the £100,000 agreed, i offered £125,000, not accepted, her solicitor then sent E form to me and said a court application has been filed, then i got another letter putting me on notice to sign a AN1 form within 7 days . The house has always been in my name only bought by me in full before we were married....i have now offered her £150,000 as she asked, but she says she'll talk to her solicitor but still wants the E form and AN1 completed.......the E form will take time as i need new pension transfer values...and what are the implications of signing the AN1 form to register her on the land registry



my total assets including home,pensions ,savings are £630,000, she has only £6000 left of the nearly £30,000 i gave her when she left 9 months ago because she hasn't got a job for whatever reason (she has skills)...please let me know if i owe you any money....i will get a solicitor on monday, as i finished with the divorce solicitor i used when the divorce was complete as i though it was all settled

so really as i'm waiting to see what she does regarding me offering her the full amount, should i sign the AN1 and complete the E form, or can she cancel the court application and just do the normal consent form and settle


Steve
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
I will do my best to help you but I need some further information first.
I assume the Judge dismissed it because it was no longer agreed?
Clare
Customer: replied 2 years ago.


yes,


he called a direction meeting because Faye had written to the courts after signing the order to say that she had signed under pressure from me(not true) and her family, so the judge ordered a directions meeting, i went along expecting to put my case but he said "i have a consent order which one party doesn't consent to is that right" Faye said yes, he then said "in that case it is not approved, that's all go away and discuss it"..as we walked out he said "i must say i would have been reluctant to sign it as it is not an even and fair split"...i didn't have a chance to talk,so he didn't know any of the circumstances.


that wasn't helpful, but as i said i offered £125,000 not accepted, now she has started court proceedings, i have now offered the full amount which i am funding from my pension(a £50,000 lump sum) and savings so that i do not need to sell the house....


Steve

Expert:  Clare replied 2 years ago.
Hi
What is the actual breakdown of the assets
Clare
Customer: replied 2 years ago.

at time of split/first consent order
property £250,000


savings £74,000


2 company pensions about the same size total £297,905


faye had £26,000 in premium bonds that i had put in her name


 


now


one pension (approx £150,000) has gone into pension protection fund, so valued at 90% and i've drawn that early at a discount to give me a lump sum £46,000 and £500 (before tax) a month to pay Faye off


plus i have a new company pension of approx 1 year worth about £10,000


and i've saved about £3,000 since the divorce (not spending on her)


Also she has spent £20,000 and has £6,000 left


so my assets are a bit more since divorce and hers are less because she hasn't got herself a job

Expert:  Clare replied 2 years ago.
Hi
Which pension were you paying into while you were together
Clare
Customer: replied 2 years ago.

while we were together it was the one that went into the PPF, only 5 years of the 6 year marriage as the company (and pension) went into administation for a year...i have to go offline for a few hours now


Steve.

Expert:  Clare replied 2 years ago.
Hi
Is she also getting a Pension Sharing Order or just the lump sum?
Clare
Customer: replied 2 years ago.

at the moment she wanted, and I have offered £150,000, she doesn't care where it comes from, it just so happens it's better for me to take the lump out of my pension rather than get a mortgage......


what my concern right now is should I be signing the AN1 land registry form as I've been put on notice by her solicitor to do by Monday, and fill out the E form as requested.


if she accepts £150,000, can she not just cancel the court application, and make out a consent order...??

Expert:  Clare replied 2 years ago.
Hi
Right - so the figure is in full and final settlement of all claims.
If she accepts it then she can simply go ahead immediately as before.
The fact that she wants the other forms completed suggests that she is still not convinced
There is however no reason not to complete the forms
Please ask if you need further details
Clare
Customer: replied 2 years ago.

ok thank you,


just for clarification, I have 3 company pensions, one was frozen before we even met (15 years worth), and the second was gained after we met, and while we lived together and then for the period of the marriage (6 years), the 3rd is only short (1 year) obviously she can claim against the married years and possibly the years co-habiting...can she claim against my first pension which was earned and frozen before we even met....thanks


ps she hasn't contacted me yet since my offer of the full amount last night


Steve

Expert:  Clare replied 2 years ago.
Hi
It forms part of your assets that the court will take into account - but given the short length of the marriage she is not likely to be awarded a share of it
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.


Hi Clare,


A quick question,


As a recap we were divorced 6 months ago, but didn't agree the financial settlement, so her solicitor wanted full disclosure and AN1 form completed (which I did as home was in my sole name).I have just agreed her demands and signed consent order...my question is simple...once the consent order is approved and finances settled do I need to do anything about the land register as the AN1 form which registered her interest in the property ?


Thanks Steve.

Expert:  Clare replied 2 years ago.
Hi
Yes you will need to ask her solicitor to deal with the discharge of the Notice
Clare
Customer: replied 2 years ago.


Hi Clare,


The signed consent order has been lodged with the courts by Faye's solicitors nearly 2 weeks ago, I haven't heard anything yet, but my question concerns Form E, I was instructed to send it to the courts by this Wednesday 9th April, I hadn't done this yet because we have agreed terms via the consent order, but should I still send form E anyway.


Thanks


Steve

Expert:  Clare replied 2 years ago.
Hi
No there is no need to do so
Clare
Customer: replied 2 years ago.


thank you


Steve

Expert:  Clare replied 2 years ago.
Hi
You are most welcome
Clare

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