I'm Back !!!!

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Old Nov 2nd 2012, 9:11 pm
  #61  
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Default Re: I'm Back !!!!

talltrucker2

I think I've said enough. I simply get the feeling that no matter what I say by way of attempting to help you, it will be ripped apart by someone that apparently knows everything there is to know about your predicament from a legal perspective, but probably hasn't got much of a clue about being on the receiving end at the lower end of the food chain so to speak. Cor! I can see that being food for the wolves too!

I was trying to help in a public spirited way. I wish you the best of luck with your situation.

Over to the lawyers! K-Ching!
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Old Nov 2nd 2012, 11:41 pm
  #62  
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Default Re: I'm Back !!!!

Originally Posted by talltrucker2
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.
If she obtains a judgment in England and if she has that judgment converted into a judgment of the Province in which you live, she will be able to obtain an attachment of earnings order, garnishee your assets or any other of the enforcement tools available in your Province. If you do not live in Alberta, I am unable to state what procedures may or may not be available to her.

Originally Posted by talltrucker2
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.
How will the divorce benefit your daughter?

Why do you wish to get divorced in the UK? Would it not be easier for you commence your Action in the Province in which you live? If you have lived there for at least a year immediately preceding the filing of the Divorce, you will be permitted to do so.

Originally Posted by talltrucker2
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.
To obtain a divorce in England you have to be able to prove that your marriage has irretrievably broken down (the only ground) by proving one of the 5 facts. One of which is that you have been separated for 5 years without consent. This is on the assumption that divorce law hasn't changed in England in the time since I left.

She will always be able to contest the divorce if she wishes to, you cannot preven that. However, for practical purposes, if you rely upon the fact stated above, unless she is able to prove that you have not been separated for 5 years, she will fail to persuade a Court that that part of the requirement has not be met.

Originally Posted by talltrucker2
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 ?
Engagement, legally, means nothing.
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Old Nov 2nd 2012, 11:42 pm
  #63  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
Almost Canadian
I've been trying to help talltrucker2. Unlike you it seems.

Can I suggest you use some of your worldly legal wisdom to do the same in favour of the OP, instead of picking the bones out of my non legal personage.

If I'm incorrect in some instances fair enough I'll listen. All I was doing was offering the OP some support based on my personal, similar, experience. Why be so nit picky? Maybe you've been a lawyer/solicitor (whatever, it's not important) too long who knows?

One thing I do know is that if you ever were to work offshore on a job I am running I wouldn't jump all over you, telling people all around us how experienced or qualified I am and how I might know better than everyone else no matter what your experience or opinion might be about the job in hand. I'd try to help you. Especially if, in turn you were already trying to help someone else!

Now pick a small sentence out of that and rip it a part why don't you. I'm sure that'll help the OP as well.
Other words spring to mind but I'm sure they'd be banned.
Done

With the greatest of respect, he hasn't really asked much.
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Old Nov 2nd 2012, 11:44 pm
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Default Re: I'm Back !!!!

Originally Posted by james.mc
talltrucker2

I think I've said enough. I simply get the feeling that no matter what I say by way of attempting to help you, it will be ripped apart by someone that apparently knows everything there is to know about your predicament from a legal perspective, but probably hasn't got much of a clue about being on the receiving end at the lower end of the food chain so to speak. Cor! I can see that being food for the wolves too!

I was trying to help in a public spirited way. I wish you the best of luck with your situation.

Over to the lawyers! K-Ching!
Thank you

You stated something that was blatantly incorrect, and I pointed this out.

I didn't rip anything apart and, I respectfully submit, my responses have been far more measured and restrained than yours.
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Old Nov 3rd 2012, 1:13 am
  #65  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
I was awarded a clean break.
Oh well, not your child anymore, no worries there.
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Old Nov 3rd 2012, 1:59 am
  #66  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
I came away with the clothes I was wearing
If it's any consolation, you're not alone and once you get past it's just money, it gets better. And don't let the lawyer wind you up, that's their job.


Originally Posted by talltrucker2
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
Man, didn't you learn your lesson the first time. Like a bunch of us have already mentioned, just wait until she finds someone and needs the divorce and see how it goes. If you really need to get married, I'd get Elvis to do it.

Oh and once you live together for 6 months, the same rules apply as if you were married.
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Old Nov 3rd 2012, 8:46 am
  #67  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
I was awarded a clean break.
Originally Posted by dbd33
Oh well, not your child anymore, no worries there.
In one sense you are correct as now they are 31 and 26.
There was lot more to our marriage breakdown that you are not party to, so I would suggest dropping a flippant remark in like that is unwarranted, but I do note a bit of that going on around here.

However, that approach is clearly not what I previously suggested in this thread as a way forward.

Originally Posted by james.mc
I agree with that. But don't agree that he should support the child as previously suggested. It should be a team effort. Divide their assets equally by all means plus come to an arrangement with the child. Not simply give her everything which appears to be what some might be alluding to.

It seems that she earns more than him anyway so she's not that disadvantaged.

Last edited by james.mc; Nov 3rd 2012 at 8:52 am.
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Old Nov 3rd 2012, 11:32 am
  #68  
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Default Re: I'm Back !!!!

@Almost Canadian ... Thanks for your input. IMHO it would have been more beneficial to the OP if you'd done that many posts back.

On comments in this thread from all parties
I'm somewhat taken aback with the sniping and flippant one liners that appear to be predominantly posted by those with thousands of posts. There certainly appears to be an element of holier, more clever, more important than thou creeping in around here. Deny it all you like however, that is my observation.

I always viewed Canadians in general as polite people. (Cue a 'But we're not Canadian!' retort!)

I've recently received a friendly PM from the OP who, to put it bluntly, is disgusted with some of the remarks that have been made throughout the course of this thread by prominent BE members, to the point that he may not bother with the Forum any more. Personally I'm not surprised, as a few have not been intended to be helpful to the OP.

Surely the idea here at BE is to help others in a friendly community like fashion, not spend time jumping over, berating or being flippant with other forum posters. I'm as much up for a laugh as the next person, and have to admit that British humour is probably the best in the world, but then sadly these days so is the British tendency to try and knock people down, or make them feel small, in a similar fashion to the British press. It sometimes makes one ashamed to be British in such situations.

Maybe I'm a little more observant of that fact, having been Ex-Pat since 1995.

Last edited by james.mc; Nov 3rd 2012 at 11:37 am.
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Old Nov 3rd 2012, 12:32 pm
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Default Re: I'm Back !!!!

Originally Posted by james.mc
@Almost Canadian ... Thanks for your input. IMHO it would have been more beneficial to the OP if you'd done that many posts back.

On comments in this thread from all parties
I'm somewhat taken aback with the sniping and flippant one liners that appear to be predominantly posted by those with thousands of posts. There certainly appears to be an element of holier, more clever, more important than thou creeping in around here. Deny it all you like however, that is my observation.

I always viewed Canadians in general as polite people. (Cue a 'But we're not Canadian!' retort!)

I've recently received a friendly PM from the OP who, to put it bluntly, is disgusted with some of the remarks that have been made throughout the course of this thread by prominent BE members, to the point that he may not bother with the Forum any more. Personally I'm not surprised, as a few have not been intended to be helpful to the OP.

Surely the idea here at BE is to help others in a friendly community like fashion, not spend time jumping over, berating or being flippant with other forum posters. I'm as much up for a laugh as the next person, and have to admit that British humour is probably the best in the world, but then sadly these days so is the British tendency to try and knock people down, or make them feel small, in a similar fashion to the British press. It sometimes makes one ashamed to be British in such situations.

Maybe I'm a little more observant of that fact, having been Ex-Pat since 1995.
+1
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Old Nov 3rd 2012, 2:09 pm
  #70  
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Default Re: I'm Back !!!!

Originally Posted by james.mc
@Almost Canadian ... Thanks for your input. IMHO it would have been more beneficial to the OP if you'd done that many posts back.

On comments in this thread from all parties
I'm somewhat taken aback with the sniping and flippant one liners that appear to be predominantly posted by those with thousands of posts. There certainly appears to be an element of holier, more clever, more important than thou creeping in around here. Deny it all you like however, that is my observation.

I always viewed Canadians in general as polite people. (Cue a 'But we're not Canadian!' retort!)

I've recently received a friendly PM from the OP who, to put it bluntly, is disgusted with some of the remarks that have been made throughout the course of this thread by prominent BE members, to the point that he may not bother with the Forum any more. Personally I'm not surprised, as a few have not been intended to be helpful to the OP.

Surely the idea here at BE is to help others in a friendly community like fashion, not spend time jumping over, berating or being flippant with other forum posters. I'm as much up for a laugh as the next person, and have to admit that British humour is probably the best in the world, but then sadly these days so is the British tendency to try and knock people down, or make them feel small, in a similar fashion to the British press. It sometimes makes one ashamed to be British in such situations.

Maybe I'm a little more observant of that fact, having been Ex-Pat since 1995.
Presumably he pm'd you as he didn't want everyone to know he thought we were disgusting

He's had some good advice given. You have to regard a thread on here as a pub conversation not a one to one. You will get flippant remarks, but you will also get some good advice.
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Old Nov 3rd 2012, 2:39 pm
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Default Re: I'm Back !!!!

Originally Posted by bats
Presumably he pm'd you as he didn't want everyone to know he thought we were disgusting

He's had some good advice given. You have to regard a thread on here as a pub conversation not a one to one. You will get flippant remarks, but you will also get some good advice.
The difference being that in a pub, most people wouldn't have the balls to say some of the stuff they say on here.
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Old Nov 3rd 2012, 2:45 pm
  #72  
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Default Re: I'm Back !!!!

Originally Posted by jericho
The difference being that in a pub, most people wouldn't have the balls to say some of the stuff they say on here.
You may well be correct with that suggestion.

I feel that some on here use anonymity to hide behind and would conduct themselves somewhat differently face to face.

Anyway.... Some parts of Canada will wake up soon... lets see what that brings on this lovely sunny Offshore North Sea day
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Old Nov 3rd 2012, 2:52 pm
  #73  
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Default Re: I'm Back !!!!

Originally Posted by jericho
The difference being that in a pub, most people wouldn't have the balls to say some of the stuff they say on here.
that's true, you hear all the asides in here.
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Old Nov 3rd 2012, 3:10 pm
  #74  
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Default Re: I'm Back !!!!

Lawyers? Necessary evil I am afraid. However, theirs lawyers and theirs lawyers!

When my split took place, as is normal we both sought out lawyers for advice. He made it clear as to where I stood....as was the case with her brief. However we were able to come to an equatable agreement between us on the basis of what we had both been independently advised. Her lawyer pushed for her own interpretation of what my ex was entitled to...which even my ex (and my own Lawyer) thought was way, way over the top. In the end my ex had to tell her brief to do as she was bloody well instructed. It still cost me a bundle but it could have been worse. It became clear that I either paid my ex, or my lawyer. My own brief was pretty good so no complaints there. The fact that my ex and I were able to sit down and come to an equitable agreement made my son very happy and allowed my ex and I to remain friends. 25 years is a long time and even in such circumstances, a lot to discard.

In our case we were able to 'instruct' our respective briefs what the agreed settlement would be. I have given the same advice to a number of friends etc who found themselves in a similar position....providing both parties can agree of course. Protracted litigation is a good earner for the legal profession and often (but not always) leaves the parties concerned worse off than they might otherwise have been.

Best of luck

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Old Nov 3rd 2012, 4:37 pm
  #75  
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Default Re: I'm Back !!!!

Originally Posted by jericho
The difference being that in a pub, most people wouldn't have the balls to say some of the stuff they say on here.
+1
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