DIY Divorce - property issue, ex has new partner

In the circumstances where there is going to be no chance of reconciliation and the ex is living with someone else, surely a divorce is the the best option? Would allow both parties to get on with their lives. Would allow the ex to re-marry (maybe not immediately, but possibly in the future), thus saving spousal maintenance costs for the OP.
 
The only thing a divorce offers above a JS is the option to re-marry; starting divorce proceedings can also be an opportunity to re-visit the settlement terms of the JS, but it's rarely overturned unless it was pre-96 or the judge is satisfied that there wasn't full disclosure at the time of the JS. (Anecdotal evidence)

As the OP hasn't mentioned it, I'm assuming that he doesn't want to re-marry at this time; and as his former wife hasn't started proceedings its probably a safe bet that neither does his former wife at this time.

The OP hasn't said if he is paying spousal maintenance or not (I'm assuming not) and there's no guarantee that his former wife will ever re-marry in any event. So starting divorce proceedings on that basis is a bit airy-fairy really.

Assuming you are not paying spousal maintenance, then the money you are paying is a) child maintenance and b) your share of the mortgage.

Child maintenance you are obliged to pay anyway and since you got a variation on the basis of being made redundant, I'm assuming you had it reduced to the minimum level?

Your share of the mortgage payments must be quite small though? A mortgage of €25,000 is very low.

If you are paying spousal maintenance under court order - you are aware that you can claim tax relief on it? And you can also claim additional tax relief in respect of being a lone parent.

As I've said the only difference his living in the house could make is in respect to his assumed contribution to household bills and thus to the maintenance you pay and even then I suspect the difference would be very small.

Irksome as it may be, I don't think you will be able to overturn the property settlement of your JS on the basis of your former wife having a new partner.

If you want to be bought out, your best bet is to have a chat with your former wife & see if she would like to do so.
 
Thirsty said:
The only thing a divorce offers above a JS is the option to re-marry; starting divorce proceedings can also be an opportunity to re-visit the settlement terms of the JS, but it's rarely overturned unless it was pre-96 or the judge is satisfied that there wasn't full disclosure at the time of the JS. (Anecdotal evidence)

As the OP hasn't mentioned it, I'm assuming that he doesn't want to re-marry at this time; and as his former wife hasn't started proceedings its probably a safe bet that neither does his former wife at this time.

The OP hasn't said if he is paying spousal maintenance or not (I'm assuming not) and there's no guarantee that his former wife will ever re-marry in any event. So starting divorce proceedings on that basis is a bit airy-fairy really.

Assuming you are not paying spousal maintenance, then the money you are paying is a) child maintenance and b) your share of the mortgage.

Child maintenance you are obliged to pay anyway and since you got a variation on the basis of being made redundant, I'm assuming you had it reduced to the minimum level?

Your share of the mortgage payments must be quite small though? A mortgage of €25,000 is very low.

If you are paying spousal maintenance under court order - you are aware that you can claim tax relief on it? And you can also claim additional tax relief in respect of being a lone parent.

As I've said the only difference his living in the house could make is in respect to his assumed contribution to household bills and thus to the maintenance you pay and even then I suspect the difference would be very small.

Irksome as it may be, I don't think you will be able to overturn the property settlement of your JS on the basis of your former wife having a new partner.

If you want to be bought out, your best bet is to have a chat with your former wife & see if she would like to do so.
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Apologies to OP if I hijack this thread......I am in a similar situation in that I have been separated 6 years now and we had two properties and took one each. My Ex gave up work and went to court to increase the maintenance I pay. We negotiated and a new payment was set. Now she has gone back to work after 3 years and when I asked for maintenance to be reduced again there is deathly silence and ignorance of my emails.

Rather than go back to court for a variation order I am going straight to DIY divorce as I do want to remarry.

Question is.....anecdotes say that everything is up for grabs again at Divorce and I wonder what the out come would likely be. I am living with my new partner in our new home ( negative equity of 250K ) - I have rented out the marital asset I took in the settlement and it is just covering the mortgage - equity of maybe 50 K. I also have guaranteed the mortgage on her home for 250K so my credit is at the limit.

She has threatened to go after the equity in the house I took in settlement - would the Judge look at my overall negative equity situation or would he likely order it sold to give her 25 K ? I note comments on post '96 settlements rarely being overturned.

What are my chances of getting the maintenance reduced by at least the amount of spousal maintenance I pay - 1200 for her and 1000 for the children.

I dont want to get screwed again but do want finality. I cant afford a solicitor as I use every penny to service debts built up while she was not working and most of the deal is done anyhow.

Any insights greatly appreciated.
 
The judge needs first and foremost to be fair to everyone involved. You need adequate money to live on. She's not an invalid and has a responsibility to support herself and the children. Men do a poke job of voicing there own concerns in Irish family courts. you have an excellent chance of getting maintenance reduced.
 
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