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petiton

  • wontout
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20 Jul 09 #132697 by wontout
Topic started by wontout
Hi am doing a DIY Divorce after eight years of marriage and the house being in her name. but we have been paying for everything fifty fifty. kids all left home no dependants and i am still paying my bit we agreed to to get divorce and i have been doing all the running around.it`s got to the petition stage my sxtby recieved hers but looks like she is being spitfull. has not sent it back so i got a balief service to serve it to her it`s been at least five weeks and they still have had know joy she is around but just making it akward for me. could anyone tell me what do i do next if the balief can`t serve her with the petition which is looking more likely i need her to sign so i can put in for ancillary relief and move on to the next stage.thx in advance

  • D L
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20 Jul 09 #132707 by D L
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How do you know she received it?

  • wontout
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20 Jul 09 #132720 by wontout
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hi she told a friend she had recieved it saying to the friend i had a cheek and she was not going to make it that easy because she calm she should have more money out of the house i believe that to be true known her for a long time she is very spitfull like that

  • hadenoughnow
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20 Jul 09 #132727 by hadenoughnow
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wontout,

The financial settlement and the divorce are two separate things.

The house is itself only a part of the bigger financial picture. ALL assets are counted when it comes to financial settlement. Look at section 25 of the 1973 Matrimonial Causes Act.

She may well be entitled to a greater than 50% share of the assets especially if she owned the property before marriage. You can - and should - register matrimonial home rights to prevent her from selling it while the finances are sorted.

If you would like guidance as to what a fair settlement could be, you can post financial info here and wikipeeps will give you an idea of what to expect/offer.

Ages
Length of marriage (inc cohab)
Incomes
FMH value and outstanding mortgage
Size of FMH
Equity in FMH on marriage/cohab
Other assets - pensions - CETVs, savings, endowment, shares

Hadenoughnow

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