Not seeking legal advice just thoughts on divorce ruling would be appreciated

Daidy2011

Don't know where to start to be honest but this is going to be a long post!!



After waiting 2+years for my divorce hearing to come before the courts I finally got my hearing (and divorce) a couple of weeks ago but the judge's ruling and orders have left me in total shock and not a little frightened.


Some background:


I am currently unemployed and have been since December 2016 (my age is a "challenge" to prospective employers) and this was clearly outlined in my AOM. My sole income is a single jobseekers payment of €198/week, also clearly outlined in my sworn AOM. My ex-wife (I can legitimately call her that now) has always resided in the family home, is employed, receives maintenance payments from me and also receives considerable rental income just below the €14K/year to comply with the "rent a room" allowance scheme so she does not fall foul of Revenue.



I have always met the terms of the judicial separation order of 2009 regarding mortgage payments on the family home and maintenance payments for a dependent child (now 22 but still in full time education) despite periods of unemployment from 2009 to present. I have been able to do this during periods of unemployment by means of personal loans, loans from family etc. This continues to be the case.



The judge, in her learned wisdom, ruled that my ex-wife is to have "unencumbered" access and "enjoyment" to the family home but I must continue to pay the outstanding mortgage(s), €800+/month, until they mature in 2024. I have to continue to pay maintenance for the dependent child, €400/month, (which to be honest I have no difficulty doing as she is my child after all) until she reaches the age of 23 (early 2019). Once the dependent child reaches the age of 23 I have been ordered to put the maintenance payment towards the mortgage, basically a top-up, so the mortgage(s) are discharged earlier than the maturity date of 2024. Once the mortgage(s) are discharged I have to sign over all beneficial rights to the family home to my ex-wife therefore having no entitlement to any value of the asset. To top it off she ordered that my wife is to be entitled to 33% of my pension(s) and that a Pension Adjustment Order was to be drawn up to reflect that order.


I am 60+ years of age, have no assets (I don't even own a car) save my pensions, am in considerable debt owing to the fact that I borrowed from "Billy and Jack" to meet my responsibilities under the Separation agreement. I live in rented accommodation (a 1 bedroom flat).



My Legal Counsel has recommended that I appeal these order(s) to the High Court but am scared witless of the potential costs of doing so as I could end up not only paying mine but potentially my ex-wife's as well.



I am at the end of my tether physically, mentally, emotionally and financially. I cannot meet these orders and fear I will be contempt of Court and could end up in jail as a result.


I would appreciate your thoughts on the above and any advice (not legal) as right now I cannot think straight.


Thank you and apologies for the long post.

TheBoyConor

That sounds an incredibly harsh situation for you to be in financially and emotionally.

How do you manage to survive day to day with those onerous outgoings.

What is the rationale for you having no interest in the property if it was sold? How did that come to be?

Could you get yourself declared bankrupt, if you are so?
Something will have to give.

Daidy2011

TheBoyConor wrote: »

That sounds an incredibly harsh situation for you to be in financially and emotionally.

How do you manage to survive day to day with those onerous outgoings.

What is the rationale for you having no interest in the property if it was sold? How did that come to be?

Could you get yourself declared bankrupt, if you are so?
Something will have to give.

Thank you for your reply it is deeply appreciated.


I am managing to meet my responsibilities and survive on the remainder of the last loan (and it will be the last loan) I received from a family member. These remaining funds will expire at the end of October after that the term "up s*** creek without a paddle" springs to mind.


As for the rationale for having no interest in the property that I cannot answer as that was the decision the learned judge made despite sworn AOMs and sworn evidence and she cannot be questioned as to her ruling and her rationale behind that ruling.


The property does not need to be sold as the learned judge has effectively GIVEN the property to my ex-wife so as far as she is concerned she is now the sole beneficial owner of the property so there is no compunction on her to sell. Should she decide to sell if/when the mortgage is discharged then she walks away with 100% of the equity.


As for bankruptcy it is something I have given thought to but I would have to leave the jurisdiction for at least 12 months, to be honest I have nowhere to go and starting over in a new country at 60+, even if it is only for 12 months, is something I cannot contemplate right now.


Thank you again for your reply.

TheBoyConor

The situation with the house sounds bonkers to be honest if it is the way you say it is.
Is there any way you can appeal that ruling?

Your daughter is well grown up so there is no fear of her to be honest.

Just a thought but here it goes ...
Rather than run your finances down to zero and be up the creek with no plan, might you be better to get some legal advice about setting about the process of declaring yourself bankrupt and informing and inform, or have your solicitor inform, your creditors and your wife that you simply are no longer able to meet these obligations as your finances are simply exhausted and you are declaring bankruptcy.


The bankrupcy law in Ireland has recently been changed and it is nowhere near as severe as it once was. You are now only bankrupt for one year and if you have an income you will not be left destitute. You are allowed to retain an income enough to cover basic living expenses.
You are also allowed to retain assets up to a value of €6000. Ie, you could keep a car to get to from any work you have.

Then you are free of your obligations in relation to the house at least. Your wife has done well so far out of you and she can take on the burden of the house.

While bankrupcy is not a walk in the park, it certainly would doubtfully work out any worse for you than the current penury that your wife has brought about for you.

http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/personal_insolvency/what_is_bankruptcy.html

misstearheus

Wow if all that is true it is fricking insane! It makes me so sad! I have no valuable help to offer you O.P. but you have my sympathies dealing with all that... How can a Judge just give 100% of yere Home to your Ex-Wife??! Wow. That is madness. :mad: