I'm Back !!!!

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Old Nov 1st 2012, 4:05 am
  #16  
 
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Default Re: I'm Back !!!!

Originally Posted by The4BellsLondon
Does "she buggered back off to the UK" count?
Abandonment? However as there is a separation agreement, it is unlikely to be so. The other issue is if the court accepts the seperation agreement and maintenance provision. Then if the CSA get involved, that buggers everything up as well.
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Old Nov 1st 2012, 3:34 pm
  #17  
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Default Re: I'm Back !!!!

Originally Posted by talltrucker2
Hey guys.

So it's been two years since my wife left and went back to the uk after only 8 weeks.

I have to admit its been a tough few years, finding the right job, selling my much loved house moving to the city. ETC....

I don't regret my decision to stay in Canada, even though i did move to the city more work and more of a chance to meet some friends, i now have friends and a girlfriend and am loving life here.

So as it's been two years since the breakup i can apply for Divorce Yay !!!
A separation agreement has been signed resulting in the house being sold and up front child maintenance till the age of 16.... Done.

Now she says she won't sign any court paperwork and will contest the divorce all the way..

What rights do i have ?? I'm at a total lose i have no cash for a lawyer so i need some of your valuable advise....

Thanks guys....
Did you both sign separation agreement?

What court papers won't she sign?

What exactly does she want to contest?

Contesting the divorce - unless you're stupid enough to get married again, I wouldn't worry about it for now. Hopefully she will find someone and want a divorce as well but if the problem is that you just want an actual divorce, I'd say let sleeping dogs lie for now.

From personal, ugly experience - once lawyers are involved you will just bleed money. Their whole purpose is to create conflict and generate paperwork which generates fees.
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Old Nov 1st 2012, 4:30 pm
  #18  
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Default Re: I'm Back !!!!

Originally Posted by Aviator
Abandonment? However as there is a separation agreement, it is unlikely to be so. The other issue is if the court accepts the seperation agreement and maintenance provision. Then if the CSA get involved, that buggers everything up as well.
is it true..i thought i read somewhere the CSA has no jurisdiction outside the UK?
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Old Nov 1st 2012, 5:08 pm
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Default Re: I'm Back !!!!

Originally Posted by cheeky_monkey
is it true..i thought i read somewhere the CSA has no jurisdiction outside the UK?
There is a long reach

http://www.marilynstowe.co.uk/2009/0...s-rachel-baul/

http://www.nidirect.gov.uk/reciproca...tenance-orders
Canada is on the list (excluding Quebec)
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Old Nov 1st 2012, 8:53 pm
  #20  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
As stated above by another poster, there is lots in this post that is nonsense!

Please tell me the difference between a solicitor and a lawyer in the UK. Please provide me with the legal authority that supports your position.

Judgments obtained in England and Wales can be very easily enforced throughout the common law Provinces in Canada. This may be possible in Quebec as well, I genuinely do not know.
Please provide me with the legal authority that supports your position.
Eh?

Gor blimey gov!. Supports me position? I'm sat on a seat m'lud!

There's me, a poor common man trying to elp out another person.. in layman's terms, and I end up in your court because I thought (very, completely, totally incorrectly it seems) that there is a difference in law between a solicitor and a lawyer in the UK. Please forgive me guv!
Not sure why they have two different names then.. or charge different rates. I always thought lawyers in the UK were more expensive but hey... it seems that's not right either.

Go on then, as you are the (very sharp) legal authority around here, fill me in as to why there is no difference between the two in the UK.

I was in Thailand during my court hearing. At the time of posting I had no idea what would or could be enforceable between the UK and Canada. Forgive me for even offering up my direct experience in the hope that it might help another. I'll bugger off now.
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Old Nov 1st 2012, 9:17 pm
  #21  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
Eh?

Gor blimey gov!. Supports me position? I'm sat on a seat m'lud!

There's me, a poor common man trying to elp out another person.. in layman's terms, and I end up in your court because I thought (very, completely, totally incorrectly it seems) that there is a difference in law between a solicitor and a lawyer in the UK. Please forgive me guv!
Not sure why they have two different names then.. or charge different rates. I always thought lawyers in the UK were more expensive but hey... it seems that's not right either.

Go on then, as you are the (very sharp) legal authority around here, fill me in as to why there is no difference between the two in the UK.

I was in Thailand during my court hearing. At the time of posting I had no idea what would or could be enforceable between the UK and Canada. Forgive me for even offering up my direct experience in the hope that it might help another. I'll bugger off now.
No good turn goes unpunished.....
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Old Nov 1st 2012, 9:18 pm
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Default Re: I'm Back !!!!

Originally Posted by macadian
No good turn goes unpunished.....
Living the dream

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Old Nov 1st 2012, 9:31 pm
  #23  
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Default Re: I'm Back !!!!

My Partner tried and tried for a divroce in the U.K. There were no assets to split just debts! They had a joint loan but as my partners bank account was where the payments were from , they needed her signature to sign for half the debt (like that was going to happen!) 3 1/2 yrs on still no divorce, she applied for the decree nisi then changed her mind and didnt apply for decree absolute. It seems as long as she could get legal aid she wasnt going to settle, his solicitor really wasn't in a hurry either. Such a waste of tax payers money, we even launched a complaint to say shes wasting/abusing legal aid but it was turned down. All I want to know now is if we buy a house here could/would she have any entitlement to it? Im going to put my savings into this too so its really important to me. Hes adamant she wont but I want to be sure.
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Old Nov 1st 2012, 11:19 pm
  #24  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
Judges get things wrong, that is why there are things called appeals.
Ever try telling a judge that? I have and proved it with an affidavit and was still basically told to pound sand.

Ever try an appeal - good luck - they are also a waste of your time and money.

The only people that win are the lawyers.
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Old Nov 2nd 2012, 12:47 am
  #25  
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Default Re: I'm Back !!!!

Originally Posted by Hawk13
Ever try telling a judge that? I have and proved it with an affidavit and was still basically told to pound sand.
Most days, but I am careful with how I phrase it.

Originally Posted by Hawk13
Ever try an appeal - good luck - they are also a waste of your time and money.
I have been successful with every appeal I have been involved with.

Originally Posted by Hawk13
The only people that win are the lawyers.
How do the lawyers win when they are not a party?
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Old Nov 2nd 2012, 12:50 am
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Default Re: I'm Back !!!!

Originally Posted by james.mc
Eh?

Gor blimey gov!. Supports me position? I'm sat on a seat m'lud!

There's me, a poor common man trying to elp out another person.. in layman's terms, and I end up in your court because I thought (very, completely, totally incorrectly it seems) that there is a difference in law between a solicitor and a lawyer in the UK. Please forgive me guv!
Not sure why they have two different names then.. or charge different rates. I always thought lawyers in the UK were more expensive but hey... it seems that's not right either.

Go on then, as you are the (very sharp) legal authority around here, fill me in as to why there is no difference between the two in the UK.

I was in Thailand during my court hearing. At the time of posting I had no idea what would or could be enforceable between the UK and Canada. Forgive me for even offering up my direct experience in the hope that it might help another. I'll bugger off now.
In England and Wales, there are Barristers, Solicitors, Legal Executives and Licensed Conveyancers. They are all "lawyers", in the same way that atheletes can be sprinters, jumpers, throwers

No need to bugger off, just accept that what you said was not correct.

Last edited by Almost Canadian; Nov 2nd 2012 at 12:56 am.
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Old Nov 2nd 2012, 1:36 am
  #27  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
In England and Wales, there are Barristers, Solicitors, Legal Executives and Licensed Conveyancers. They are all "lawyers", in the same way that atheletes can be sprinters, jumpers, throwers

No need to bugger off, just accept that what you said was not correct.
So, just for clarification (you know how long it is since I lived in the UK) if a Licensed Conveyancer (whatever that is) for example, wanted to represent a client in the High Court (for example), on a charge of murder that'd be OK?
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Old Nov 2nd 2012, 1:45 am
  #28  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
I have been successful with every appeal I have been involved with.
Every appeal? Have you done one or two or lots? Are you a lawyer?

Originally Posted by Almost Canadian
How do the lawyers win when they are not a party?
That's pretty obvious - FEES
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Old Nov 2nd 2012, 7:51 am
  #29  
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Default Re: I'm Back !!!!

Originally Posted by Almost Canadian
In England and Wales, there are Barristers, Solicitors, Legal Executives and Licensed Conveyancers. They are all "lawyers", in the same way that atheletes can be sprinters, jumpers, throwers

No need to bugger off, just accept that what you said was not correct.
Thank you m'lud. It was only a small mistake, onest! On me muvvers life I promise not to do it again.

Please don't send me to Australia on a ship! It's been ard enuff to get to Canada so far. Bin refused once cos the buggers said I wernt clever enuff.

Last edited by james.mc; Nov 2nd 2012 at 8:03 am.
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Old Nov 2nd 2012, 12:25 pm
  #30  
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Default Re: I'm Back !!!!

Originally Posted by Novocastrian
So, just for clarification (you know how long it is since I lived in the UK) if a Licensed Conveyancer (whatever that is) for example, wanted to represent a client in the High Court (for example), on a charge of murder that'd be OK?
No. Licensed Conveyancers are, essentially, real estate lawyers. Barristers, solicitors and Legal Executives have different rights of audience (when compared.to each other as a group - however, individual members may have similar rights).
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