Divorce advice for the general public who cannot afford a Solicitor. Free information, advice, services and news about divorce and separation.
Showing posts with label divorce debt. Show all posts
Showing posts with label divorce debt. Show all posts
Sunday, 25 November 2012
Tips For Avoiding A Divorce
If you have a marriage in trouble but you want to avoid divorce, you should know that you have great options for saving the relationship. The exact resources and tools used to put the broken pieces back together will depend on the reason for the problem. As an example, if your wife or husband was unfaithful, counseling can often help sort things out. Therefore, prior to doing anything, you need to identity the reason for the problem in the first place.
Other than infidelity, couples struggle with financial issues, which is a huge factor that can lead to divorce. Typically, both couples work full-time, which helps pay for the house, car, raising kids, paying bills, and even vacation. Unfortunately, many couples overextend, meaning they live on borrowed money. Of all factors, credit cards are the most common problem.
When more money goes out than comes in, massive stress takes over, leading to fights. Before long, the husband and wife are disagreeing on who makes more, what should or should not be purchased, who was at fault, and so on. Then to make matters worse, phone calls and collection companies begin to call wanting to know where the mortgage, car, or credit payment are. For the married couple, it soon becomes too much to handle.
If you find that you and your spouse are on the verge of divorce specific to problems with finances, for the sake of the marriage, go visit a finance advisor or credit counseling company to help get things back on track. In this case, counselors would act as the go-between for you and your creditors. In fact, these counselors are professionals who help set up a repayment plan and then work on a budget for the future.
Just because a married couple is having financial problems does not mean divorce is imminent. In fact, using a mediator or counselor can be a huge assistance. The reason is that the blame-game ends so the problem can reach a solution. Start by putting any differences aside and stop blaming each other. Then, create a solid plan for getting out of debt while also saving money.
Most importantly, to avoid divorce, start communicating. Unless you talk, you can never work things out. Keep in mind that good communication does not mean yelling, it means talking as adults. Therefore, take time so the two of you can sit down face-to-face to discuss the current situation, regardless of the problem. If anger is too high, the services of a professional marriage counselor can help. Just remind yourself that it takes time but with dedication and determination, divorce can be avoided.
Tuesday, 20 November 2012
Divorce - Are You Feeling Cheated?
Are you feeling relieved after divorce or cheated? After many divorces people feel happy while in many rather more cases they feel cheated. Why? Divorce it self is a very painful process and the times that lead to divorce are more painful. The question is why get the sense of feeling cheated after getting a divorce? Let us talk about this.
Relationship demands giving - People give a lot to their marriage; most of them do it except few. Right from the development of relationship, a lot of time, emotional energy and physical resources are given to make it work. During marriage the investment goes higher. Most of the partners want the marriage to work. There are exceptions that unbelievably want to destroy because of psychological problems. When cracks develop in the marriage, lot more effort is made to save the marriage and when the marriage breaks after putting in so much effort, one feels cheated.
Is this true for all? This is not true for all. There are few individuals who don't give anything in marriage. They ask for it. The demand and contribute nothing. That is the game of selfishness played by them. So these people will never feel cheated. They will only feel bad that they lost an easy victim.
What should you do? The only way out is to forget the losses. Try to erase the past as much as possible. This will be difficult, but break the pain bit by bit. Work on it and it will go away one day. Try to forge another relationship and forget what went wrong. Cut your losses as soon as possible.
Monday, 12 November 2012
Court rejects Husband's attempt to wipe out divorce debts
If Alexander McRoberts, from Datchet - former boss of a company with a reported multi-million pound turnover - had beaten his ex-wife's £349,000 divorce claim, it could have opened the floodgates for discharged bankrupts seeking to get rid of their matrimonial debts.
Mr Justice Hildyard rejected the case at High Court on Thursday last week, after Mandy McRoberts' lawyers argued her ex-husband's financial prospects are not so hopeless and it would not be equitable to release him from his debt.
The judge said Mr McRoberts' tax returns indicated that, while he had received very little salary, his travel and subsistence expenses had come to more than £100,000 in a year. The court was handed pages from the businessman's passport "showing stamps for destinations, such as the Maldives at Christmas-time, which do not appear to be in countries where he said he had been doing business."
The judge said: "These indications do not encourage the conclusion that Mr McRoberts has done everything he can to discharge his obligations to his ex-wife; they do encourage a sense that his finances may not be entirely transparent."
While accepting the "curtain had come down" on Mr McRoberts' business ventures and that his income stream had been "turned off", the judge said that did not mean his finances might not improve in the future.
Mr McRoberts had also argued there was a risk of his ex-wife "harassing" him if his debt to her remained on his shoulders. The judge accepted Mrs McRoberts' arguments that wiping out her ex-husband's debt to her would cause her "irremediable prejudice" and would not be a "fair outcome".
When Mr McRoberts, 54, and his company director ex-wife split in 2003, she was handed their former matrimonial home and he agreed to pay her £450,000 by instalments - which should all have been paid by the end of March 2009.
However, with interest, he still owes almost £350,000 to his ex-wife, a director of a chauffeur-driven car hire company who now lives in a £500,000 home in Newton Court, Old Windsor.
Mr McRoberts was declared bankrupt in September 2006 and his ex-wife was registered as one of his creditors.
He asked the judge to rule that his matrimonial debt did not "survive" the discharge of his bankruptcy in September 2007. His barrister, Simon Calhaem, argued that Mrs McRoberts is now more comfortably off than her ex-husband and that his "financial position is such as to make any chance of a payment of £349,000 impossible now, or in the foreseeable future".
However, Byron James, for Mrs McRoberts, warned the judge that a ruling in his favour could create a legal loophole ripe for exploitation. Rejecting Mr McRoberts' case, the judge said there was "no special or particular reason" why the "ordinary or default position" - that lump sums rewarded by the divorce courts are not released by a discharge from bankruptcy - should not apply.
The businessman was ordered to pay his ex-wife's legal costs of almost £9,000.
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