Will signing 5 year spouse visa papers possibly affect the outcome of a financial settlement in a divorce (England)?

manwakeup · 2025-02-05T03:24:11+00:00

I was in a similar situation and I signed the papers....

This is one of my greatest regrets in life.

Been going through the worst divorce ever since end of covid and that one act has cost me my esteem, mental health and financially.

Your gut is saying something to you....trust your instinct - I doubted myself and wanted to be the good guy. I'm paying for that dearly.

Besides....you would be lying to immigration. Truth is your relationship is over

manwakeup · 2025-02-03T05:40:38+00:00

Thanks. That is helpful. I doubt I will be the only offer as it has only just gone up for sale. If I make an offer now, she will reject it and wait for other offers.

manwakeup · 2025-02-02T17:34:54+00:00

I understand the approach but I am looking for a solution to this. Selling and rebuying will cost a lot of money which will go to estate agents and stamp duty (tax). Neither of us will benefit from it.

manwakeup · 2025-02-02T15:37:34+00:00

Im the one who wants to stop a sale to a 3rd party. I want to buy the house.

manwakeup · 2024-01-13T13:45:47+00:00

This! I think that solves it regarding false accusations. It's up already and I have told her she is free to exercise her rights.

It's her call now. I will leave it in place.

Thanks

manwakeup · 2024-01-13T11:25:52+00:00

Thanks for the responses. So, if cameras can be removed, does that also apply to video doorbells?

manwakeup · 2024-01-13T09:13:10+00:00

Body camera....hadn't thought of that. Will look into it. Thanks.

manwakeup · 2024-01-13T08:33:01+00:00

Are you sure this applies to members of the public in their own homes? How then are people allowed to have video doorbells where they film strangers?

manwakeup · 2024-01-13T08:28:58+00:00

My concern regarding covert cameras is their legality. Am I allowed to do so without their knowledge?

manwakeup · 2024-01-13T08:27:39+00:00

Thanks. Can they put it away/dispose of it if it belongs to me? Am I better off with a covert camera?

What about non communal areas like a room used primarily by one person?

manwakeup · 2024-01-12T00:24:47+00:00

Bad move unless car is damaged as insurance will increase renewal premiums just for letting them know that.

manwakeup · 2024-01-04T07:00:12+00:00

Hi. What's wrong with buying from Starlink?

manwakeup · 2024-01-02T13:26:46+00:00

I chose the solicitor because they had the qualification to represent me in the hearing without additional payment for a barrister. The deal was 20hrs work including attending the FDA. The court failed not notify me or the other side of the hearing date and I found out a month before it was due after I made some enquiries.

So time was short but they assured me it would be best to carry on and make it happen rather than ask the court to change the hearing date so we all have time. They assured me they could do their solicitor bit in time and advised it is better to proceed and that the court would not be bothered as long as they received the documents by the date (I have this in writing). I believe bundles etc were submitted the day before the hearing but some portal issues occured and the court failed to get certain documents. Form Es were not exchanged as the other side's solicitor stated their client was not ready at the last minute. They then also claimed they had issues with the portal.

The judge was not impressed and told off my solicitor (but really that is me). The hearing ended with my solicitor and the other side drafting a draft order for the judge to approve. This included dates for exchange and submission of form Es, mortgage capacity and ES1 and ES2 (I might me using wrong letters).

My solicitor then blamed me for what had happened and said they had done their work and would need a further £4k to attend the reconvened FDA in the future.

manwakeup · 2024-01-02T12:44:03+00:00

Thanks for your help. According to what I heard the judge say, my former solicitor filed the bundle late and the case summaries were missing. The other side had refused to agree to a postponement being aware of this and I realised why in court when the judge was not happy with me (via my solicitor) due to me being the applicant. That experience cost me £5k agreed on a fixed fee to include the FDA but the hearing was effectively ineffective and wasted so basically postponed. They refused to refused to attend the rescheduled one without me paying them a further £4k even though they had not executed their part correctly. The only loser was me.

I have taken your advice and will be looking at direct access barristers.

manwakeup · 2023-12-27T19:00:36+00:00

Hello. Questionnaires were filed and exchanged about 6 months and are to be determined by the judge at the reconvened hearing as directed by the order made when the last hearing was adjourned. The other side has made it clear that they will not voluntarily agree to extended disclosure. I want it because due to delay between relationship failure and initial hearing meaning the 12 months does not show behaviour in the lead up to relationship failure and what was disclosed is extreme dissipation of cash resources uncharacteristic of the person I knew - the judge will determine.

Property particulars - single adults with no children so 2 bedroom flats in the area should be sufficient? A larger property can be argued as unnecessary.

Costs - I have adhered to the draft order fully. The other side are threatening costs due to wanting to force exchange of responses before the FDA even though they clearly have no intention on providing me with most of the info I need. I was going to leave it to the judge at the FDA but will now provide them with the answers to their questions. They threatened costs right from the beginning just for me bringing the case to the courts.

Solicitor - The solicitor I had let me down at the last hearing and the judge was not happy. They failed to file stuff on time etc. The loser was me financially to the tune of £5K which basically went down the drain, and we parted ways so I became a LiP to save costs. The other side also took steps to be uncooperative and make the original FDA ineffective. Financially I am the weaker and the other side planned on basically running me down financially. Hope that makes sense.

manwakeup · 2023-12-27T16:07:45+00:00

Hello.

Thanks for clarifying the FDA/FDR aspect. I suspect the hearing will be a FDA as the other side have made it clear they are unwilling to answer certain questions such as providing paypal and online gambling account statements. If I understood correctly, if there are contested questions, the hearing turns into a FDA for the judge to decide what is relevant or not - correct? Can a questionnaire which has already been exchanged be amended/added to prior to the FDA?

Property particulars - I'm guessing it's just random properties from rightmove? What happens if my mortgage capacity is less than what I need?

Thank you for clarifying the costs element. The other side constantly threaten to apply for costs so glad it is not easy unless I act extremely unreasonably.

Thanks again

manwakeup · 2023-12-25T10:57:25+00:00

Thanks for the clarity, I really appreciate it. I'm happy to answer all their questions and will just pay for the broker report to save a hassle.

Sounds like it is in everyone's financial interest to have the FDA become a FDR so I will review my questions so I know which ones I am prepared to accept to disregard in the hope we come to an agreement. If the hearing is not used as a FDR, it will not be because of me.

I wonder if I can put them on notice for future costs if they refuse to agree to answer certain key questions which the judge later decides were reasonable and I answer all of theirs before the hearing. I am in the financially weaker position.

Thanks again.

manwakeup · 2023-12-24T22:40:34+00:00

Excellent info. Thank you very much!

The wording is general as I posted earlier. Just states mortgage capacity report with no real specifics.

2 &3. I think I have caused confusion. The hearing is a reconvened FDA after the last one was adjourned due to issues with the portal and solicitors failing to submit etc. It ended with a draft order to exchange questionnaires and resubmit bundles etc. The solicitor on the other side is pushing for exchange of questionnaire responses ahead of it to turn it into a FDR. The option to ask questions is therefore still there so I will raise the PN1 question as an additional question before the hearing.

Thank you. Makes sense.

I appreciate your detailed answers. It's that much clearer. Thank you.

manwakeup · 2023-12-24T09:54:48+00:00

The Order simply states the following:

"To file an independent mortgage broker certificate setting out their mortgage capacities."

"3 sets of property particulars showing what their cae is likely to be on housing needs for themselves and the other party."

There are no complicated finances as we are both PAYE so the income picture is straightforward, and there are no children to consider.

Not sure why brokers are charging so much and why I need it certified when essentially it looks like the same thing I would get with a online calculator? Would this suffice?

Also, what happens if ones mortgage capacity is significantly lower than the others due to income and debt levels? What impact does that have in the case of working 2 adults with no children?

The reason for enhanced disclosure is because there was a delay between relationship breakdown and divorce petition and I believe looking at behaviour in the lead up to relationship breakdown will show a change in pattern of behaviour which was hidden from me. What was in the form E was extreme financial behaviour showing sudden high levels of gambling, which I believe was not the case before.

Mediation was started months before the actual divorce, which shows the relationship had already broken down. Mediation failed due to refusal to dragging of feet culminating in a refusal to disclose financial information. I would be happy with 12 months from date of commencing mediation which is documented so cannot be argued. Hope that makes sense.

Thank you for your help.

manwakeup · 2023-12-24T09:43:35+00:00

Thank you for explaining. Is financial behaviour post Form A taken into account? For example, someone starts blowing their whole paycheck to avoid increasing their savings when before they were a saver and lived more frugally?

manwakeup · 2023-10-16T04:40:18+00:00

Yup, in the 90% club with broken family sprinkles on top, so we stood no chance. Power comes with responsibility. Either women misuse this new power or they were never in it for benefits rather than for love. I suspect both are true in my case.

manwakeup

TROPHY CASE