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-   -   ADVICE NEEDED ASAP !!!!! (https://britishexpats.com/forum/barbie-92/advice-needed-asap-624086/)

Bernieboy Aug 5th 2009 3:45 pm

ADVICE NEEDED ASAP !!!!!
 
Ok peeps what to do here :confused::confused: Recently the wife left me etc and being the nice guy that i am(:sneaky:) i signed a post nup property seperation stating i didnt want anything from her etc post divorce.Now it was all done legal like but now she says the courts have returned the papers saying im not getting a good deal,now i really DONT want any of her assets as we were not married that long and it dont seem fair to me to take what aint mine:thumbdown: So she says i should go to a solicitor and have him sign off or something on the papers,at my expense prob which im NOT going to do,any ideas here:confused::confused::confused:

PS yeah i know,a serious thread from yer man:lol:

Pollyana Aug 5th 2009 3:50 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Bernieboy (Post 7816718)
Ok peeps what to do here :confused::confused: Recently the wife left me etc and being the nice guy that i am(:sneaky:) i signed a post nup property seperation stating i didnt want anything from her etc post divorce.Now it was all done legal like but now she says the courts have returned the papers saying im not getting a good deal,now i really DONT want any of her assets as we were not married that long and it dont seem fair to me to take what aint mine:thumbdown: So she says i should go to a solicitor and have him sign off or something on the papers,at my expense prob which im NOT going to do,any ideas here:confused::confused::confused:

PS yeah i know,a serious thread from yer man:lol:

Wonder if a JP-witnessed stat dec from you would suffice?

Broad Shoulders Aug 5th 2009 3:54 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Bernieboy (Post 7816718)
Ok peeps what to do here :confused::confused: Recently the wife left me etc and being the nice guy that i am(:sneaky:) i signed a post nup property seperation stating i didnt want anything from her etc post divorce.Now it was all done legal like but now she says the courts have returned the papers saying im not getting a good deal,now i really DONT want any of her assets as we were not married that long and it dont seem fair to me to take what aint mine:thumbdown: So she says i should go to a solicitor and have him sign off or something on the papers,at my expense prob which im NOT going to do,any ideas here:confused::confused::confused:

PS yeah i know,a serious thread from yer man:lol:

Just send the papers back to the courts and tell them you're Irish. I'm sure it will all make sense to them then

scottishcelts Aug 5th 2009 4:09 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Pollyana (Post 7816724)
Wonder if a JP-witnessed stat dec from you would suffice?

That's what i was thinking too - how clear does a person need to be when they don't want something? :blink:

Dorothy Aug 5th 2009 4:10 pm

Re: ADVICE NEEDED ASAP !!!!!
 
I had a similar situation when I divorced my first husband. I didn't want anything except out so signed a statutory declaration witnessed by my lawyer saying that I had had independent legal advice and the settlement my ex and I agreed on was what I really wanted.

Bernieboy Aug 5th 2009 4:13 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Dorothy (Post 7816757)
I had a similar situation when I divorced my first husband. I didn't want anything except out so signed a statutory declaration witnessed by my lawyer saying that I had had independent legal advice and the settlement my ex and I agreed on was what I really wanted.

Cheers Dot but i dont have a lawyer and i dont want one,a sat dec might do it:confused: This really is a strange situation i have to say:blink:

Burbage Aug 5th 2009 4:15 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Bernieboy (Post 7816762)
Cheers Dot but i dont have a lawyer and i dont want one,a sat dec might do it:confused: This really is a strange situation i have to say:blink:

Tell your wife to either accept it or you'll sue her for half of everything she owns.

Bernieboy Aug 5th 2009 4:23 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Burbage (Post 7816766)
Tell your wife to either accept it or you'll sue her for half of everything she owns.

No mate she is very happy with situation as i am but it appears the court aint,i came into the marriage with nothing i want to leave with the same:thumbup:

Broad Shoulders Aug 5th 2009 4:24 pm

Re: ADVICE NEEDED ASAP !!!!!
 
sounds like your ex's lawyer is looking to earn some extra cash by this going to court. If no one disagrees then he/she will not earn as much

Dorothy Aug 5th 2009 4:35 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Bernieboy (Post 7816778)
No mate she is very happy with situation as i am but it appears the court aint,i came into the marriage with nothing i want to leave with the same:thumbup:

Ok, let the courts divide the assets all fair and nice like and then sell it all back to her for $1. If there's money involved give it to her as a birthday/Christmas/anniversary/piss off and die gift.

scottishcelts Aug 5th 2009 4:36 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Dorothy (Post 7816792)
Ok, let the courts divide the assets all fair and nice like and then sell it all back to her for $1. If there's money involved give it to her as a birthday/Christmas/anniversary/piss off and die gift.

:rofl::thumbup: well said Dorothy :thumbsup:

ProofReader Aug 5th 2009 4:37 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Bernieboy (Post 7816718)
Ok peeps what to do here :confused::confused: Recently the wife left me etc and being the nice guy that i am(:sneaky:) i signed a post nup property seperation stating i didnt want anything from her etc post divorce.Now it was all done legal like but now she says the courts have returned the papers saying im not getting a good deal,now i really DONT want any of her assets as we were not married that long and it dont seem fair to me to take what aint mine:thumbdown: So she says i should go to a solicitor and have him sign off or something on the papers,at my expense prob which im NOT going to do,any ideas here:confused::confused::confused:

PS yeah i know,a serious thread from yer man:lol:


Has your ex applied for the property settlement through the Family Court or the Federal Magistrates Court?

Also, do you know if this if a 'Financial Agreement' or 'Consent Orders'?



Bernieboy Aug 5th 2009 4:42 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Dorothy (Post 7816792)
Ok, let the courts divide the assets all fair and nice like and then sell it all back to her for $1. If there's money involved give it to her as a birthday/Christmas/anniversary/piss off and die gift.

Dot i actually suggested that to her ages ago but she didnt like the idea of paying me a dollar:rofl: Will look into that one again.

Bernieboy Aug 5th 2009 4:44 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by ProofReader (Post 7816794)

Has your ex applied for the property settlement through the Family Court or the Federal Magistrates Court?

Also, do you know if this if a 'Financial Agreement' or 'Consent Orders'?



Can anyone smell smoke round here:lol: Hi Proof as far as i know she went through a family solicitor, so would imagine family court:confused: as for financial or consent i dont know,im expecting her to call again later,im not wasting my credit:thumbdown:

ProofReader Aug 5th 2009 4:52 pm

Re: ADVICE NEEDED ASAP !!!!!
 

Originally Posted by Bernieboy (Post 7816803)
Can anyone smell smoke round here:lol: Hi Proof as far as i know she went through a family solicitor, so would imagine family court:confused: as for financial or consent i dont know,im expecting her to call again later,im not wasting my credit:thumbdown:


In most cases, you will need to have a solicitor sign to say that they've explained to you the ramifications of what you're signing. However, there are always exceptions to the 'rule', so it depends on a few things.

If this is the path she has chosen, then suggest to her that she pays for you to see an independent solicitor (it can't be her own solicitor) to explain the crap to you (even though I realised that you understand it) ... and perhaps pays for your time to do it?!! :sneaky: ;)

You can always ring/email me if you want some help (general advice from one who understands the system, not legal advice :p).

This link, Legal Aid will give you a better understanding of the situation, however do remember that it is only an outline, not the be all to end all as there are other things which give you options.




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