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  • Nolden Hi Splitvillers. Things have moved on. Now, I am single-parenting and working while she is away, building up her earning power (she feels she cannot do that close to home). I have a divorce lawyer who's ready to go when I say the word. I need to present my ex with my idea for the co-parenting, financial & property settlement. Once that's done, either she will agree or not and then I will instruct my lawyer to set the divorce in motion. So, here's what I want to ask you for now: Can you please check out the settlement agreement notes I've written and let me know if they are clear, fair and wise? These notes will go to my ex as soon as we've had the talk. The notes are here: ------------- The divorce is a no blame divorce under Polish law. The grounds for the divorce are an irretrievable breakdown in the marriage. Both spouses agree that divorcing is the best course of action for all involved including the children. Whilst there are grounds for divorce with one person being blamed, Nick, the initiator, has chosen not to take that option as it would damage the chances of normal relations after this legal procedure has been completed. This divorce agreement has been formulated with the intention that both parents can have the best chance of functioning well in their post-marriage lives - making it more likely that the children will be well supported and that both ex-spouses will live fulfilling lives. The agreement makes it as likely as possible that the partnership will transition from married-separated to divorced without leaving in place obstacles that could cause future conflict or practical difficulties for both people. The settlement described here is set out on an equal basis. Both parents will be equally responsible for parenting, generating an income, covering their own living expenses and sharing the cost of supporting the children. The settlement described here also includes the transfer of the main asset acquired during the marriage (house) back into shared ownership. During the period 2016-2017, Nick was exposed to a risk of debt reclaims as a side effect of a business venture that was secretly fund-raising via illegal methods. Within this period, it was agreed that the property should be put into sole ownership. That risk has now passed, so it is safe to transfer the property back into shared ownership, which will make sure it remains unaffected by financial pressures arising in either person’s private or business life. The transfer back into shared ownership is an appropriate action to take as the entire property deposit used to kick-start the ownership was supplied by Nicholas from funds he acquired before the relationship and marriage began. Similarly, every mortgage repayment during the relationship/marriage came from Nicholas’s income - but this translates into equal ownership as a by-product of living as a married couple between 2000 and 2014. In summary: Court procedure - no blame divorce. Child custody - shared. Child support - shared. Alimony - none, both take responsibility for generating sufficient income. Property - transfer back to shared ownership. ------------- Any feedback is much appreciated! BTW - I am based in Poland, but the laws here seem reasonable and standard to me. Thank you in advance, Nick. 5 years ago   *   0 replies
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