Shakey is Soon Free!

[B.B.]

The outcome of an equitable agreement, freely made, would surely thus tend toward a level likely to be awarded by a court.

There is a bias in US Courts - and I would suspect in the courts of most common law jurisdictions - to enforce contracts and negotiated settlements.  Thus, even if a court would say "If I were dividing things, it would be 51.78% to one party and 48.22% to the other party", that is immaterial. Rather, the judge would look at the agreement, determine if it was made in a knowing and voluntary way - which is why the signatures are filmed - and determine if the substance of the agreement is ok against background principles of equity, which may allow greater variance than an individual judge would if deciding the case himself, and either it passes that test or not.

So it's a difference of the type of analysis, i.e. is the agreement patently unfair, etc.  Courts assume that the two parties to an agreement are in the best position to know what they want and don't want, etc.

B/B

[yankee]

I understand it depends where you get divorced. 

My question is, in a nutshell where does a successful man get fleeced more, US, UK, EU, or RF?

In the US, Massachusetts can be pretty bad.

[2tallbill]

I understand it depends where you get divorced. 

My question is, in a nutshell where does a successful man get fleeced more, US, UK, EU, or RF?

Who knows which place is the worst, but the RF would be the least of those
listed.

[yankee]

I understand it depends where you get divorced. 

My question is, in a nutshell where does a successful man get fleeced more, US, UK, EU, or RF?

Who knows which place is the worst, but the RF would be the least of those
listed.

+1

[shakespear]

Curious Shakey were your court proceedings I assume Ohio, only before a judge?

My divorce was settled using the dissolution process.  That means the two lawyers
drafted an agreement that both parties would sign and a judge would affirm.

It only involved one court appearance which took about 10 minutes.

Ohio is a "no fault" state, which means that although a reason for the divorce is stated
by both parties, those reasons bear no weight in the distribution of assets or the divorce
settlement.   

[andrewfi]

Thanks bb for explaining clearly.

[BillyB]

I understand it depends where you get divorced. 

My question is, in a nutshell where does a successful man get fleeced more, US, UK, EU, or RF?

I assume all those regions have drafted up guidelines to be "Fair" and not to fleece anybody. How things are applied and enforced depends on the courts.

If you talk to many divorced men in the USA, they will tell you the wife took them to the cleaners. That is not exactly true. The wife can ask the court for everything. It's up to the judge what she gets so it's the judge that took a guy to the cleaners.

In America, although judges have state guidelines they must use, they are allowed a lot of discretion in their rulings.

Let's say a bank is owed $200K on a property involved in a divorce case. The judge recognizes what the bank is owed so he then has to decide what the husband and wife gets so in a 25 year marriage, it's easy to decide they'll each get 50% of the money after the bank gets their $200K.

There's two expert appraisers used in the trial, one the husband hired and one the wife hired. The husband's appraiser said the value of the home is $300K so after sale, the bank gets $200K and the husband and wife will each get $50K after the bank gets $200K.

The wife's appraiser said the house is worth $400K so after the bank gets $200K, they husband and wife is supposed to get $100K each.

The judge using state guidelines tells the couple they will both get 50% of the assets in the home after the bank gets their cut. But he's allowed discretion and decides to use the wife's appraiser and value the home at $400K and tells the husband he must sell the home within a certain amount of time and give $100K to his soon to be ex.

The house is on the market but it won't sell for $400K like the wife's appraiser estimated. Time is running out and the judge will get pissed and accuse the husband of delay tactics and hurting his ex by not getting her the money he ordered. The house finally sells for $320K which means the bank gets $200K, the wife gets $100K and the husband gets $20K.

That's how a judge can make a lopsided ruling to get more to one party over the other.

[Steveboy]

I guess lots will be changing in the US in anywise , what with civil marriages that are in fashion over there now.. and all the other types of marriages ..

You know man marries his pet hamster.. man marries Tonto the horse.. women marries a gorilla (Easy to understand why)

Soon it will be who gets the cage? Who gets the running wheel.. who gets the ******