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Thread: An embarrasing question!

  1. #1
    Respected Member Fitzy's Avatar
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    Question An embarrasing question!

    Hi Guys.

    Am not sure how to put this question, but here goes!
    Ok, the fact as some of you know is that i am seeing my gf Hanzell from Cebu in Jan, after a year of knowing each other, and we are so much in love, although we have never physically met.
    How nuts is that lol
    Just kidding heheeh

    Does anybody know about divorce law please?
    Although it's over with my Peruvian Wife, we are both pretty cool about the situation.
    The fact is, we learned each others languages, and find that we don't have too much in common anymore, and that love has died quite some time ago.
    We are adults, and although it's sad, we have accepted it.
    I don't anticipate any arguments with her, as she says that she will be ok on her own, but if push comes to shove, i wonder where i will stand in the legal scheme of things if it got messy?????
    I am a full UK Citizen, who pays for everything regarding the mortgage, and upkeep of the house, and she pays nothing, and only has indefinite leave to remain, and not full UK status.
    I wonder how the courts will favour this, as there are no children involved?
    These questions are in my head, and would like opinions please if possible?
    Of course i am not without a heart, and will make sure that she is ok, and in fact she has just started a new job, so that will help her along.

    I just want to move on that's all


    Has anybody had the same experience that can advise me please?


    A great many thanks in advance.


    Philip...
    Satellite/Cable TV/Radiocommunications specialist.


  2. #2
    Administrator KeithD's Avatar
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    50/50
    Keith - Administrator


  3. #3
    Respected Member PeterB's Avatar
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    I would advise that the first thing you do is to visit a solicitor, perhaps together if you are being amicable. Ask the solicitor to draw up a 'Deed of Separation' - this will allow you to agree how your finances will split, and it can also contain a clause asking the divorce court to dismiss any future claims which you may make against each other on the grounds that this agreement has already been made. My ex-wife and I did this, with a 50/50 split and, because there were no children involved (our son was already 22 y/o), the divorce went through very quickly (I filled out all the forms, myself, in my wife's name).

    I don't remember the solicitor's fee exactly, but it wasn't very expensive. That, and the court fees for the divorce petition (about £400), were the only costs involved.

    I guess that the only reason there may be for the arrangements in the Deed of Separation to be questioned would be if one of you then becomes reliant on public funds.


  4. #4
    Respected Member Fitzy's Avatar
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    Wink

    Thanks for the replies guys.
    Well, it will be an interesting one coz the house won't be sold coz i pay for everything, and there is no shared finances or kids, so it will be 50/50 of nothing i guess.
    The house costs me 1500 quid a month to run, and i can't be forced to sell it, or leave it, and still pay, so it's off to citizens advice for now.
    Just gotta cover my butt in case she changes, lol
    I feel like crap wanting a divorce in the first place, but i won't live life in misery!
    Who does?

    Thanks again.


    Philip.
    Satellite/Cable TV/Radiocommunications specialist.


  5. #5
    Respected Member Fitzy's Avatar
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    Talking

    Well from doing some more digging it may seem that if the spouse has ILR visa, then it means if the marriage has broken down, then the spouse loses his/her right to stay, which although is ok for me, i wouldn't be that bad to her, and have her chucked out lol
    Sometimes marriages break down, as that's life, and of course i will see her right!

    Will keep u guys updated reference to the ILR thing.

    Is only 4 or so months before I go to see Hanzell in the phils, and i can't wait

    Third time lucky as they say



    Philip
    Satellite/Cable TV/Radiocommunications specialist.


  6. #6
    Moderator joebloggs's Avatar
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    Quote Originally Posted by Fitzy View Post
    Well from doing some more digging it may seem that if the spouse has ILR visa, then it means if the marriage has broken down, then the spouse loses his/her right to stay
    you've got that the wrong way around, once you've got ILR, then the only was you can lose it is to stay out of the uk for more than 2 yrs or becuase you obtained using fraud.


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    Respected Member ginapeterb's Avatar
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    Be wary of wives you are about to divorce ! they are not always what they seem !

    There are no amicable divorces, only degrees of loosing, the only people to win in divorces are instructing solicitors and counsel who work in county courts.


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    Respected Member PeterB's Avatar
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    Quote Originally Posted by ginapeterb View Post
    Be wary of wives you are about to divorce ! they are not always what they seem !

    There are no amicable divorces, only degrees of loosing, the only people to win in divorces are instructing solicitors and counsel who work in county courts.
    Well, I must be the exception .... although the discussions weren't always easy, I came away from it with 50% of our joint property/finances. The only thing I paid for was solicitor's fees and court fees ... less than £2000 in all.


  9. #9
    Administrator KeithD's Avatar
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    Quote Originally Posted by ginapeterb View Post
    Be wary of wives you are about to divorce ! they are not always what they seem !

    There are no amicable divorces, only degrees of loosing, the only people to win in divorces are instructing solicitors and counsel who work in county courts.
    I got 100% ...... no hassle.......deperate to get rid of me she was
    Keith - Administrator


  10. #10
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    Instead of a marriage contract perhaps something more like a short term lease with a guaranteed buy back program?

    "My lease is up on my Peruvian next month, I was thinking about getting a Brazilian this time."

    "How about getting a trusty ol` Filipina? Not the most economical, but they always get good reliability ratings!"

    "Oh everyone has a Filipina, I want something that makes more of a personal statement, besides I had one of those once, had nothing but problems with it!"

    The only question I have is how could a leaser install an odometer so as to charge a fee for "overmilage"?


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    Moderator joebloggs's Avatar
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    get a venezuelan g/f i think they don't need a visa to come to the uk, she could stay for upto 90 days


  12. #12
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    Quote Originally Posted by joebloggs View Post


    get a venezuelan g/f i think they don't need a visa to come to the uk, she could stay for upto 90 days
    It`s true!
    With a Venezuelan you can get all the sportiness and sleak curves of a Brazilian, but of course in a Spanish model.
    And without the hefty pricetag of a Costa Rican or the unrelibility of a Columbian!
    They also hold their value quite well. Important to remember when it comes trade-in time!


  13. #13
    Respected Member Fitzy's Avatar
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    Smile

    thanx guys.

    Well, at the end of the day, am not selling this place, and have no money in savings, coz i just spent £20k on improvements, so it looks like 50% of nothing???
    Either that or be a prisoner for the rest of my life

    By the way, i do have a great gf from phili

    She is so nice, and askes for nothing from me.


    Thanks, will keep u updated.
    Satellite/Cable TV/Radiocommunications specialist.


  14. #14
    Respected Member PeterB's Avatar
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    You're assuming that your wife won't have a claim on the house? Usually, the wife could expect to receive 50% of the value of the house, and any other possessions, irrespective of who actually pays/paid the bills. And, yes, the courts could order you to sell the house in order to raise the 50% value to give to your wife. I know that is true .. it happened to a friend of mine.

    I don't know whether it makes any difference that your wife is only in UK on ILR - I suspect not. One thing that may be taken into account is the length of the marriage, and if it can be proven that you truly have provided the majority of the finances.

    In my case, about 90% of our joint wealth was mine, or inherited from my parents. My wife still received 50%.


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