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My sister-in-law is getting divorced, her husband is refusing to sell the house and she has been advised she will lose her share of the equity if she leaves the property.
If I buy my husband out of the marital home prior to divorce, can this be made a full and final payment to prevent him asking for more later? 2008-08-20 I want to divorce my wife based on five years separation but I know she will ignore the papers. see more on divorce law, Divorce Aid UK's leading divorce resource for divorce advice and personal help
Should I try to employ someone to serve the papers on her? 2008-08-20 Where can I look to see if my husband has divorced me? 2008-08-20 Once the Decree Nisi has been pronounced is it possible to cancel it even if the other party still wants a divorce? 2008-08-19 More… Document Actions questions Up one level Quick answers to your top 25 divorce questions — — 2008-03-14 17:18 Our famous FAQ with quick answers to your top 25 most commonly asked divorce questions... On what grounds can a divorce petition be started? — — 2007-03-16 07:22 You must have been been married for over a year and meet some criteria on residency and domicile. Once that is established it must be established that the relationship has irretrievably broken down. What is the divorce petition? — — 2007-03-16 07:26 A divorce petition is a legal document which frames the terms on which the divorce is obtained. Can the press publish details about my divorce? — — 2007-03-16 07:30 My divorce resulted from my adultery. Will the newspapers be able to attend court and report on it? Timetable for a divorce — — 2007-03-16 09:56 Although the time a divorce can take will vary very much on the attitude and cooperation of the petitioner and the respondent, the legal timetable is firm and divorces can be achieved reasonably quickly if both parties are not in dispute. Separated from husband: can he claim against an inheritance I am about to receive? — — 2007-03-26 14:23 After 2 years separation from my husband and with my mother about to die - does my ex-husband-to-be get a claim on my inheritance when we divorce? My wife has petitioned for divorce but she committed adultery. Can I divorce her instead? — — 2007-03-26 14:27 My wife has petitioned for divorce on the grounds of my behaviour but it was her who had an affair. Can I divorce her instead ? Also she is now living with her new partner who is very wealthy. Do I have to pay her anything if she doesn't need the money ? Do I forfeit any rights to the marital home if I move out? — — 2007-03-27 01:37 My daughter in law recently moved back home with her child. Since then I can't bear to go home every day. A friend told me that if I leave the house I will lose my right to get back my share of it. Is this right ? Spends all his spare time playing online poker: is this grounds for divorce? — — 2007-03-27 01:44 My husband spends every evening and most of the weekend playing online poker and it is driving me to distraction. We have been for counselling but he is no better. He doesn't either lose much or win much so there is no financial hardship, but is my frustration with our (lack of) lifestyle alone grounds for a divorce ? I married in England but live a load: do I need to return to get divorced? — — 2007-03-30 07:14 I am currently living in Dubai with my husband but I want a divorce. We got married in England 23 years ago. Can I divorce him without returning to England ? Husband pays monthly allowance for children but won't make a financial settlement — — 2007-03-30 07:21 My husband left home three and a half years ago and left me with the children. I want a financial settlement. He is currently paying monthly allowance for the children but has told me that if I claim any more he will give up work and go a load. What can I do? Divorced 10 years but house not settled: can I claim my share of the house? — — 2007-03-30 07:24 My wife and I divorced 10 years ago but never got round to sorting out the house. She still lives in our house. We have two grown up children. Can I claim my share of the house ? Married a load: is my marriage valid and will I still need to divorce? — — 2007-03-30 07:27 My husband and I got married in Bermuda three years ago. I want a divorce but have heard that the marriage may not be valid anyway. Are holiday marriages valid? Do I need a divorce? What happens if I ignore the divorce papers? — — 2007-03-30 07:30 If I just ignore the divorce papers I have received what will happen? Wife names partner in divorce petition: can I name her partner in return? — — 2007-03-30 07:34 My wife has named my new partner in the divorce petition. Can she do this ? My new partner is very upset and I want to name my wife's new partner in return. Can I do this? Life policy pays out to ex-wife: can I change it to benefit new partner? — — 2007-03-30 07:36 I got divorced last year but still have a life policy which pays my ex-wife if I die. How can I change this to my new partner? Pension and shares: can I keep these outside the divorce settlement? — — 2007-03-30 07:40 I have a civil service pension and some shares. Can I keep these out of the divorce settlement ? "Quickie" divorce needed: how long will it take? — — 2007-03-30 07:43 I need a divorce quickly because I am getting married in June and have not told my new wife of my previous marriage. Can I get divorced in time ? Set fire to divorce papers... — — 2007-03-30 07:49 My wife sent me divorce papers and I was so upset I burnt them. What should I do ? I want to divorce my husband but I don't know where he is: can I still get divorced? — — 2007-03-30 07:52 I want to divorce my husband but I don't know where he is. Can I still get divorced? Mother in law is wrecking marriage — — 2007-04-04 07:38 My mother in law is manipulative and vindictive and a complete pain in the backside. She is the only source of dispute in my marriage between myself and my husband, and not a week goes by without her behaving unacceptably in one way or another. We are now unable to socialism with her or go along to social functions with her as she drinks too much sherry and starts talking loudly and criticizing people, usually strangers, causing a huge amount of embarrassment to myself and my husband. My husband sometimes makes excuses for her which frustrates me even more. Can having a nightmare mother in law be a ground for divorce? Can I get divorced if I am carrying his child? — — 2007-04-05 06:14 We separated two years ago after my husband committed adultery but we had a recent fling again (although he never moved back in) and I am carrying his child. I still want a divorce but can I get a divorce if I am pregnant with his child? "Sham marriage" husband was deported: how do I get a divorce? — — 2007-04-05 06:20 I am English but my husband was an asylum seeker and the government has now deported him as they say ours was a sham marriage. How do I get a divorce? I want to remarry but my husband says he will fight my divorce: how long must I wait? — — 2007-04-05 06:26 I've met a lovely man and we want to get married but my husband (who left the family home) will not agree to a divorce and says he will fight me all the way. How long do I have to wait until he has no choice in the matter. Would it help if I committed adultery or somehow shamed him into it? Are pre-nuptial agreements legally binding? — — 2007-04-05 06:31 My father wants us to enter into a pre-nuptial agreement but my fiance© says they are illegal in the UK. Who is right? Husband has hidden financial assets offshore: how can I force him to disclose them? — — 2007-04-05 06:35 My husband says he has declared all his assets but I believe he has set up a trust in the Channel Islands. I have some paperwork but it is in the name of a foreign limited company which he says is nothing to do with him. I know he is the beneficial owner. How can I force him to disclose the true facts? I know the name of a UK lawyer who I believe helped him set it up. Caught is a bad relationship from which I need to financially escape... — — 2007-04-05 06:45 I am caught in a bad relationship. There is no cruelty as such - just boredom but I don't financially know how I can escape as my husband is the substantial salary earner. What are my entitlements if I decide to leave and how do I go about seeking a divorce? How can I vary my ex-husband's access rights? — — 2007-04-05 06:50 My ex-husband was granted access once a fortnight but has shown little interest in the children and we never know whether he is going to turn up or not. Is there any way I can get his access rights reduced (or even eliminated) so at least we have some certainty. Friendship with best friend's husband: how long should I wait before taking it further? — — 2007-04-05 06:54 I have a close but (so far) platonic relationship with my best friend's husband. They have been separated for more than two years. Last night he told me on the phone his wife is filing for divorce which he does not plan to contest. Our friendship has been steadily developing into a relationship which I very much want. How long should I wait before committing and should we attempt to keep it private, should I tell her privately or should we make it public right away? How can a couple living together enjoy the same legal rights as a married couple? — — 2007-04-05 06:58 Is there a way a man and woman can get a civil union or domestic partnership that gives them the same rights as a married couple? Mother is investing in the marital home: how do I protect her investment in the event we divorce — — 2007-04-05 07:04 I am getting married and my mother has agreed to lend us money so we can buy a house. We will still have a mortgage which I plan to pay jointly with my new wife. If the unthinkable happens and we end up ea king up, how can I ensure that my mother's equity in the house is maintained and does not become part of the divorce settlement. Stock over wins £22,000 damages for paternity deceit — — 2007-04-05 07:09 A wealthy stock over whose former girlfriend deceived him into believing he had fathered her son was awarded £22,400 damages against her in the high court yesterday. American husband might not have finalized divorce: how can I check if he is a bigamist? — — 2007-04-06 15:44 My husband is an American who told me he was divorced in the USA long before I knew him but evidence has recently been coming to light that this might not be true. I still love him but I need to know the facts. Is there any way I can easily find out? Exposing your husband as a pathological liar in a divorce... — — 2007-04-06 15:53 How do you expose a pathological liar to the courts in divorce proceedings? Abusive husband won't leave the family home — — 2007-04-07 08:33 I have a mortgage with my husband on our home. He is an alcoholic and has become unreasonable to live with. I have had to call the police on several occasions and have asked him to go, but he says he will not leave unless the house is sold and he is paid off. I only work part time and would not get another mortgage on my wages. I have a daughter and son who also live here. Do I have to give up my home? Fear of abduction — — 2007-04-07 08:46 My husband is threatening to abduct my children. What should I do? Residence and contact quick Q&A — — 2007-04-07 08:53 Specific Issue Order quick Q&A — — 2007-04-07 08:59 What is a Specific Issue Order and how do they work? Parental Responsibility quick Q&A — — 2007-04-07 10:50 Grandparents' rights quick Q&A — — 2007-04-07 11:00 Financial provision for children quick Q&A — — 2007-04-07 11:08 Children's Tax Credit — — 2007-04-07 11:14 The Children's Tax Credit was introduced from 6 April 2001 to
provide more help for people who have a child or children aged under 16 living with them. It will reduce the income tax that you need to pay. You will get the credit through your tax code. You will be able to claim only one Children's Tax Credit, even if you have more than one child living with you. Divorce and pensions — — 2007-04-07 11:20 Injunctions quick Q&A — — 2007-04-07 11:27 Several types of injunction are available Mediation and Public Funding Q&A — — 2007-04-07 11:35 The Legal Services Commission have recently introduced a change in eligibility for Public Funding in family matters, making it compulsory to attend a Mediation Assessment meeting before an application for Funding can be made. Severance of Joint Tenancy — — 2007-04-07 11:41 Divorcing from jail — — 2007-04-07 11:57 How do you go about filing for a divorce if you are in jail? Divorce will involve me in severe financial hardship: can I oppose on those grounds? — — 2007-04-07 12:02 My wife wants a divorce but she already has the house. I have very little money after the mortgage is paid on that house and the rent on my flat, plus very meagre living expenses etc and I know I won't be able to pay for the child support. Can I oppose a divorce on these grounds? Can I apply for a change in access or residence for my children? — — 2007-04-27 08:18 My wife and I were divorced and I was awarded access of our two young children Gus and Sue for two days a fortnight. I pay my way but I know they have been having a bit of a struggle and my ex wife
Andrea has now gone back to work, which I strongly oppose. My new partner Libby and I cannot have children and Libby would be perfectly happy to give up her job to in up the children. How do I apply for a change in the access rights? Both Gus and Sue say they want this to happen. Judge refuses agreed divorce petition as couple are still living at the same address... — — 2007-05-15 08:45 I applied for a quickie divorce on grounds of unreasonable be ha vi our. My husband did not want to divorce but we consulted solicitors and in the end agreed and I paid the fees. We also agreed all the financial arrangements as I own the house we live in and my husband came here with everything he owned in the boot of his car. We have been married for nearly seven years but have not had a sexual relationship since May 2005. The papers were sent off, my husband had his copy, filled it in and agreed to everything and I thought that would be it. I have now had papers back from the court saying that the case as pleaded does not amount to unreasonable be ha vi our on the part of the respondent and if
I wish to pursue the case it will have to be proved in open court as we still live at the same address. Is there anything I can do now? For instance can I apply for the next stage for trial before a judge and include a letter stating the facts rather than having to get up in court to discuss our sexual relationship. Separated years ago and both lived independently: is my wife entitled to make a financial claim if we divorce? — — 2007-05-15 08:54 I have been separated from my wife for many years and have been living with a new partner for some time. My children with my wife were recently taken from her and placed in care and she has finally decided to divorce me. The children issue is not relevant as this is being sorted out with the current case, but my wife has asked for financial payments (lump sum, maintenance etc.) and I am wondering if this would be enforceable as we have had no contact for the ten years and have been completely separate and self sufficient in all that time.
I am on a low wage (under £200 a week) and depend heavily on my partner to support me. We live in council rented property and the matrimonial home was rented. When we split she had everything with me keeping only my car and my clothes. I have no pension. What would she be entitled to, and would she be entitled to anything I have with my new partner? Divorce would mean low income person would have insufficient assets and earnings to buy replacement property — — 2007-05-16 07:18 We have two children but only one under 18. We have discussed divorce but I am worried I will not have enough money to buy a place to live. With the sale of the house and the proceeds split between us we both would get £100.000, but I only earn £12,000pa and this is not enough to get a mortgage to but a property in the south east.
My husband earns £40,000 plus. Am I entitled to any of his money (apart from one dependant's maintenance) for my own mortgage? Unravelled debts and other woman means marriage joke down after weeks — — 2007-05-16 07:51 I have been married 8 weeks and discovered my marriage is a farce. My husband has declared his love for another woman and is forcing me to leave the rental accommodation as it is in his name. I am having to move back to my parents but I have substantial joint loans with my husband. I have since discovered he did the same to his ex-wife the minute the money ran out. He is moving his new girl in on Thursday when I leave. I also discovered he declared bankruptcy to clear previous debts and has a criminal record which he hid from me. He receives an army pension, but am I entitled to any of it as I was not married for very long.
Come to that am I entitled to anything at all? I sold my house and moved to another city to be with him and now I am left with nothing. He has a house full of furniture he said I could have but knows I can't take any of it with me, also a computer he bought because mine kept crashing. Need advice urgently as he has started turning nasty. Rights of couples and their children in common-law relationships — — 2007-05-16 19:29 My partner and I are living together to see whether we get on. We don't have children yet but what rights do we all have? In what way is a cohabitant in a common law marriage disadvantaged? — —
In England and Wales common law marriages were abolished as providing legal rights more than 250 years ago and women who cohabit have far fewer rights when a relationship ends than women who are married and divorce. However in Scotland cohabiting couples staying together for a long time are treated by Scottish law as if they were married under the legal state "marriage by custom and repute." Cohabiting couples: who has rights over the family home? —
If a couple are married then the law assumes they have a share in the value of the family home and whose name it is in is largely irrelevant as the court will view it as a joint asset to be divided up should the marriage leak down. But if the couple are unmarried the law is only concerned who is the legal owner of the property and one partner - usually the woman - may lose out. Ex-wife attempts to claim on estate of deceased former husband... — — 2007-05-21 16:50 Can an ex wife have any claim on the estate of her former husband if he had, over 10 years ago, transferred all his finances to his new wife, now, widow, except the house which was in joint names. His will stated that he named his new wife as sole beneficiary... What are the grounds for unreasonable be ha vi our and if we divorce, is my wife entitled to half my businesses? — — 2007-05-30 08:26
On what grounds can I commence divorce proceedings against my wife for unreasonable be ha vi our and if I proceed to do so what claim will she have on my businesses, to which she has contributed neither time nor any effort? How easy is it to withdraw a divorce petition once it has been served? — — 2007-05-30 09:28 If a petition has been served on my wife for divorce and I now want to withdraw it, how easy is it to do and how do I do it? Non-disclosure of material financial information at time of divorce: can I make a further claim?
