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Not sure if this is the correct forum, but a member of the site team may move it if there is a more appropriate forum.
Just to give a brief overview of the issue at hand:
I am living with my partner who is in the process of getting divorced. (We are living in my house and my teenage kids are living with us. I am divorced from their father.)
My partner is retired and is drawing his pension. He has got two pensions from employments plus his usual state pension.
He has got property abroad in Cyprus ( jointly owned with his ex which they currently rent out to pay the associated mortgage ) They have no other assets or property in the UK. The divorce is proceeding on the 2 year separation clause by mutual agreement.
His ex wife is younger and in full time employment, their children are both grown up and don't come into this anymore.
My partner is the respondent in the divorce and his ex wife the petitioner. He gave her the money to fund the divorce and to pay for her solicitor, so far she had just over £600.- out of an account that is in joint names and is basically not used anymore. He put money into it from his pension and she used a cheque drawn on that account to pay for the divorce costs. This was agreed between them so no problem.
He also cashed in another pension he had under the new pension rules to give her a lumpsum as part of the divorce financial settlement.
He also agreed to monthly payments to her from his pension which I believe he is already making although she is working full time.
I understand these things were agreed between them before the divorce proceedings started to speed things up. They also agreed on the house in Cyprus to go 50/50 on it as neither wants to keep it. So they are hoping of eventually selling it to their current tenant.
He has now received the divorce petition from the family court and we had a look at it yesterday. There are some aspects in it that are a bit of a worry though.
The petition requests that a cost order be made against the respondent (my partner) for the legal costs and the divorce costs, but he has already paid these anyway by giving the money to his ex to start proceedings in the first place.
Also as part of the financial settlement the petition shows that the petitioner is requesting
- a lumpsum
- share of his pension under the relevant laws and regulations
- periodical payments
- sustenance payments
-property order
Basically they ticked all the boxes on the relevant form and I am not sure if she is really entitled to all of this.
My partner is a bit naiive with this and thinks his ex wouldn't do anything unfair , but I am not sure whether he fully understands the implications.
As my partner is retired and his ex is working full time is she entitled to maintenance payments plus a share of his pension, as the maintenance payments would be coming out of his pension already as he has no income anymore otherwise.
She already had a lumpsum payment from another pension that he cashed in, would that be taken into consideration, I am not sure whether the petition means she wants more now ? (another lumpsum payment).
Also can a UK court make a property order on a house in Cyprus ? As we are living in my house I am a bit worried that she thinks she can have a share of that too.
My partner is currently reluctant to see a solicitor himself due to the costs involved (he already paid the court costs and legal fees of his ex so far).
Has anybody got some experience with this ?
Just to give a brief overview of the issue at hand:
I am living with my partner who is in the process of getting divorced. (We are living in my house and my teenage kids are living with us. I am divorced from their father.)
My partner is retired and is drawing his pension. He has got two pensions from employments plus his usual state pension.
He has got property abroad in Cyprus ( jointly owned with his ex which they currently rent out to pay the associated mortgage ) They have no other assets or property in the UK. The divorce is proceeding on the 2 year separation clause by mutual agreement.
His ex wife is younger and in full time employment, their children are both grown up and don't come into this anymore.
My partner is the respondent in the divorce and his ex wife the petitioner. He gave her the money to fund the divorce and to pay for her solicitor, so far she had just over £600.- out of an account that is in joint names and is basically not used anymore. He put money into it from his pension and she used a cheque drawn on that account to pay for the divorce costs. This was agreed between them so no problem.
He also cashed in another pension he had under the new pension rules to give her a lumpsum as part of the divorce financial settlement.
He also agreed to monthly payments to her from his pension which I believe he is already making although she is working full time.
I understand these things were agreed between them before the divorce proceedings started to speed things up. They also agreed on the house in Cyprus to go 50/50 on it as neither wants to keep it. So they are hoping of eventually selling it to their current tenant.
He has now received the divorce petition from the family court and we had a look at it yesterday. There are some aspects in it that are a bit of a worry though.
The petition requests that a cost order be made against the respondent (my partner) for the legal costs and the divorce costs, but he has already paid these anyway by giving the money to his ex to start proceedings in the first place.
Also as part of the financial settlement the petition shows that the petitioner is requesting
- a lumpsum
- share of his pension under the relevant laws and regulations
- periodical payments
- sustenance payments
-property order
Basically they ticked all the boxes on the relevant form and I am not sure if she is really entitled to all of this.
My partner is a bit naiive with this and thinks his ex wouldn't do anything unfair , but I am not sure whether he fully understands the implications.
As my partner is retired and his ex is working full time is she entitled to maintenance payments plus a share of his pension, as the maintenance payments would be coming out of his pension already as he has no income anymore otherwise.
She already had a lumpsum payment from another pension that he cashed in, would that be taken into consideration, I am not sure whether the petition means she wants more now ? (another lumpsum payment).
Also can a UK court make a property order on a house in Cyprus ? As we are living in my house I am a bit worried that she thinks she can have a share of that too.
My partner is currently reluctant to see a solicitor himself due to the costs involved (he already paid the court costs and legal fees of his ex so far).
Has anybody got some experience with this ?
