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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife (Resp) has answered YES to Q6 on the D10. We had

Resolved Question:

My wife (Resp) has answered YES to Q6 on the D10. We had split assets in '07 without question since 50:50. In the meantime I paid for all education costs of our kids who are now 29/30++ without question. If she applies to the court to consider her financial position as it will be after the divorce what does this mean ?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which ground did you use for the Petition?

Customer: replied 1 year ago.
5 years separation - all agreed on the d10
Expert:  Clare replied 1 year ago.

Was there a written Separation agreement?

Customer: replied 1 year ago.
there was a schedule of assets and a letter between us - nothing prepared legally - this was referred to in the petition by me and again nothing specific has been mentioned in responses. Nothing disputed ever and, again, it was all 50:50.
Expert:  Clare replied 1 year ago.

What assets were there and what income did/do you each have?

Does she have a new partner?

Customer: replied 1 year ago.
Total assets were approx GBP 5mn. She took all of hers as cash and left me with a house in London (subsequently sold and she signed docs on) and one in France (which she wont sign a sale agreement on until we are divorced) plus pensions and other investments. I was made redundant in early 2008 and started a business which later failed but sold for GB£1. My estimate of my asset base today is £3mn as my properties have done well. Her asset base will also have done well. I have had paid employment of about 3 years in the past 8 years and have had none since Nov '14; I have lived on cash savings since but am now trying to sell assets to generate cash although I can draw pension at the turn of the year as I reach age 55. She invested in student properties and has a stable income from that.
Customer: replied 1 year ago.
I have a new partner and live together now for 7 years. She had the same but he was kicked out but remains a "boyfriend" (they are out a lot together and frequently holiday together e.g. were in the Caribbean 2 weeks ago)
Expert:  Clare replied 1 year ago.

The divorce cannot now proceed without the Finances being addressed.

This could be dealt with by way of a Consent Order confirming the agreement that was reached and dismissing any further claims

I suggest that you arrange to attend Family Mediation with her - and if she refuses then you attend the Mediation Information and Assessment meeting so that you can issue the application for a Financial Order as soon as possible

It may be that when she realises that you are taking the matter forward then she will agree to a Consent Order.

Given the 50/50 distribution of substantial assets it is unlikely that a court will change that

Please ask if you need further details

Customer: replied 1 year ago.
the court will grant a decree nisi but not an absolute unless a financial order is agreed and sealed/stamped by the court ? Should I mention this in my D80E return form - that I want such (seems safer to have) ? and also send her lawyer an EMail saying this is what I intend and see if she responds with a mediation suggestion ?
Expert:  Clare replied 1 year ago.

Well it can be granted if your ex refuses to co-operate and has had a chance to make a court applictaion if she wished.

No need to mention it in the D80E.

Certainly email her lawyers and ask about mediation

Customer: replied 1 year ago.
but from the way the question 6 on form 10 is written
"in the event of a decree nisi being granted on the basis of 5 years separation, do you intend to apply to the court for it to consider your financial position as it will be after the divorce ? "
...it states that
a) she cannot do so until after the nisi ?
b) the application is all about her financial position after the divorce (and not before) ?
Mark
Expert:  Clare replied 1 year ago.

My apologies I should have been more specific the Decree Nisi can be granted - but the Decree Absolute will not be and accordingly the divorce will not happen.

She can in fact apply for the finances to be dealt with at any time - and if you agree an Order it can be made at the same time as the Decree Nisi

Whilst i says "after divorce"essentially it is about the final financial settlement - which you thought had already been agreed

Clare and other Law Specialists are ready to help you