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#31
Every day's a school day







Joined: Jan 2005
Posts: 2,667
From: Was Calgary back in Edmonton again !!











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.
#32
I am a Barrister and Solicitor in Alberta and a solicitor (non-practising) in England and Wales
In the same way that you get paid for doing your job? Is that "winning"?
In the same way that you get paid for doing your job? Is that "winning"?
#33
There is a difference in doing your job and creating conflict by giving advice on how money your entitled to get from your ex. But it may take awhile then drag things out, create lots of paperwork and generate fees.
My experience and from I've been told by others that go through a divorce is that as soon as lawyers are involved you will just bleed money.
So if you are a divorce lawyer hopefully you fall into the category that no one I know has ever experienced. Otherwise, good luck with your profession.
#35
Divorce lawyers - I'm sure there are some that actually try and help people but unfortunately I have never meet one nor have I meet anyone that has anything good to about them.
There is a difference in doing your job and creating conflict by giving advice on how money your entitled to get from your ex. But it may take awhile then drag things out, create lots of paperwork and generate fees.
My experience and from I've been told by others that go through a divorce is that as soon as lawyers are involved you will just bleed money.
So if you are a divorce lawyer hopefully you fall into the category that no one I know has ever experienced. Otherwise, good luck with your profession.
There is a difference in doing your job and creating conflict by giving advice on how money your entitled to get from your ex. But it may take awhile then drag things out, create lots of paperwork and generate fees.
My experience and from I've been told by others that go through a divorce is that as soon as lawyers are involved you will just bleed money.
So if you are a divorce lawyer hopefully you fall into the category that no one I know has ever experienced. Otherwise, good luck with your profession.
I have previously provided anecdotes on this board about how, when in England, I acted for a spouse that spent huge amounts of money arguing over a parrot.
I am now able to inform those that wish to listen about how a client of mine spent in excess of $10,000 arguing over a cat. The cat had walked into the client's property as a stray. My client put up "found" posters informing her neighbours that they had found a cat. No one replied, so the cat remained with the family. Fast forward a few years and they decide to divorce. Neither of them wished to give up the cat, so the Court had to make a decision.
I suspect that that client now bad mouths me to anyone that will listen about how the lawyer bled money from the client. I have a different position: I told the client how much the application would cost and I was instructed to pursue the application. The cost incurred was as a result of the argument between the parties and the decision the client made. Personally, I did not care which party retained possession of the cat.
Most divorce cases are very similar to the above. It is the parties that are responsible for the costs incurred. I appreciate that one party may wish to be more aggressive than the other but each party can decide whether they wish to oppose the other party's position or to accept it.
As I am sure you are aware, lawyers are duty bound to carry out their client's instructions, unless to do so is illegal or would require the lawyer to act in an unethical fashion. If the client insists that the lawyer perform such activities, the lawyer should withdraw from the matter.
I accept that there are unethical lawyers, just as unethical people can be found in all occupations.
#38
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.
The OP (chrissyb) is female, she's talking about her male partner and the run around his female ex (don't ask, but we are in the 21st century) is giving them.
Viewed from that perspective it makes sense... to me at least.
Last edited by james.mc; Nov 2nd 2012 at 5:17 am.
#39
Thread Starter
Forum Regular



Joined: Mar 2009
Posts: 130







Hey.
I'm so confused now, can she get an attachment of earnings put on me?
I live here in Canada she lived in the uk.
We both signed the seperation agreement we agreed on 65%, split 50% was the house the other 15% was a lump sum payment for child maintenance plus 1000 a year extra. And I paid for there flights back and the dog plus cash to re-settle.
Not bad I think for her!! The house sold for 40k under the market value.
..
And she still wants more.
I asked her as we've been seperated for two years will you sign the divorce paper she said no!! I want more money,
Now I just don't have the money, she asked me if I wanted a divorce so I could re-marry. I said no, I just want it dotted for the sake of our daughter.
What can I do?
Thanks.
I'm so confused now, can she get an attachment of earnings put on me?
I live here in Canada she lived in the uk.
We both signed the seperation agreement we agreed on 65%, split 50% was the house the other 15% was a lump sum payment for child maintenance plus 1000 a year extra. And I paid for there flights back and the dog plus cash to re-settle.
Not bad I think for her!! The house sold for 40k under the market value.
..And she still wants more.
I asked her as we've been seperated for two years will you sign the divorce paper she said no!! I want more money,
Now I just don't have the money, she asked me if I wanted a divorce so I could re-marry. I said no, I just want it dotted for the sake of our daughter.
What can I do?
Thanks.
#40
limey party pooper










Joined: Jul 2012
Posts: 10,000











Hey.
I'm so confused now, can she get an attachment of earnings put on me?
I live here in Canada she lived in the uk.
We both signed the seperation agreement we agreed on 65%, split 50% was the house the other 15% was a lump sum payment for child maintenance plus 1000 a year extra. And I paid for there flights back and the dog plus cash to re-settle.
Not bad I think for her!! The house sold for 40k under the market value.
..
And she still wants more.
I asked her as we've been seperated for two years will you sign the divorce paper she said no!! I want more money,
Now I just don't have the money, she asked me if I wanted a divorce so I could re-marry. I said no, I just want it dotted for the sake of our daughter.
What can I do?
Thanks.
I'm so confused now, can she get an attachment of earnings put on me?
I live here in Canada she lived in the uk.
We both signed the seperation agreement we agreed on 65%, split 50% was the house the other 15% was a lump sum payment for child maintenance plus 1000 a year extra. And I paid for there flights back and the dog plus cash to re-settle.
Not bad I think for her!! The house sold for 40k under the market value.
..And she still wants more.
I asked her as we've been seperated for two years will you sign the divorce paper she said no!! I want more money,
Now I just don't have the money, she asked me if I wanted a divorce so I could re-marry. I said no, I just want it dotted for the sake of our daughter.
What can I do?
Thanks.
#41
I'm not sure your daughter will be overly affected if you are married (on paper) or not, as she must already realise you are separated.
I'm inclined to agree with bats on the 'let her stew' thing. I'd also stop contacting her unless it is related to the welfare of your daughter. That is of course unless you have another agenda and wish to remarry in Canada?
I'd also not give her another penny, over and above what you have already agreed to, unless forced to do so legally.
Not sure how old your daughter is, but surely your wife can work can't she? You have a life to lead also. I say get on with your life and start to make her realise that you will not be her meal ticket forever. She will try and hang your daughter over your head as leverage. Women can do that. My ex tried it with my sons and was putting her personal need for revenge before the welfare of my sons.
I'm inclined to agree with bats on the 'let her stew' thing. I'd also stop contacting her unless it is related to the welfare of your daughter. That is of course unless you have another agenda and wish to remarry in Canada?
I'd also not give her another penny, over and above what you have already agreed to, unless forced to do so legally.
Not sure how old your daughter is, but surely your wife can work can't she? You have a life to lead also. I say get on with your life and start to make her realise that you will not be her meal ticket forever. She will try and hang your daughter over your head as leverage. Women can do that. My ex tried it with my sons and was putting her personal need for revenge before the welfare of my sons.
#44
Thread Starter
Forum Regular



Joined: Mar 2009
Posts: 130







That sounds like the best thing to do.
Is it right that I can get a divorce after 5 years without her signing the divorce papers?? If so I only have to wait 3 more years.
The reason I want it is so I can propose next year to my Girlfriend.
But I guess I can still get engaged? Not sure ?
Is it right that I can get a divorce after 5 years without her signing the divorce papers?? If so I only have to wait 3 more years.
The reason I want it is so I can propose next year to my Girlfriend.
But I guess I can still get engaged? Not sure ?
#45
It's not all about the wife and children's rights!
Of course she can reasonably ask but I have yet to see that happen. Most divorces I am aware of end up anything but reasonable.
I agree that child support is one path that can be taken. A clean break is anther path. In my case the judge saw the clean break as the way forward.
She got the house, the business and the two boys. I came away with the clothes I was wearing. Before the ink was dry on the court order she sold the house, sold the business and promptly re-married to an undeclared (in court) partner who was minted!




