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Dilema: Divorce or Separation Agreement

  • Normannn
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08 Feb 10 #183702 by Normannn
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Cold advice please. I have Been issued with my wife's divorce petition. mediation are sorting out the financial settlement which we will abide by on the basis of a divorce.We currently live under the same roof, I live in an attached but entirely separate part of the house. My wife will buy me out when finaly divorced & I move on as she has greater assets than I do.

I would prefer separation and stay where I am for 2 years whilst building a new business up. I am therefore inclined to deny my wife's divorce petition, is it possible to settle our assets as part of the separation although my wife wants a divorce ? being legally separated / or a forced divorce. I am not being emotionally motivated just practical.

Thank you.

  • dukey
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08 Feb 10 #183712 by dukey
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Hello

The problem is to decline a Petition you must defend it, from the day you receive it you have 30 days to provide court with the "answer" the reason for defence, no matter what you say if your wife is determined to divorce then that is what will happen it will just cost more and take longer,

Another issue to think about, if court decide you by defending have added cost and time they can make you pay some or all of your wife's costs,

Dukey

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08 Feb 10 #183827 by Normannn
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Dukey
Thank you, although the grounds for divorce are easily refutable (truly) I will take your advice. My wife has informed me that she can buy me out & her solicitor will make this as part of the agreement allowing me 4 months to find alternative accommodation. Can I force the property to sold on the open market rather than accept the 2 agents valuations and my wife to buy me out. My wife tells me that I cannot afford to buy her out as in the worst case mediators scenario she can still afford to buy me out and will therefore make this part of the offer and I have no choice but to accept ?

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08 Feb 10 #183829 by dukey
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Hello

You can state you do not accept the allegations used but will agree to the divorce by signing the Petition on agreement they will not be used during proceedings,

The house will be sold on the open market if the price cannot be agreed try harder you really don`t want a judge involved due to cost implications.

Your wife is wrong only a judge at a final hearing can impose a settlement and a Consent Order by mutual agreement does what is says on the tin its an agreement by consent, if you don`t agree then down the line a judge will do it for you both though this is far from ideal, it costs a fortune and rarely do either partie leave court with what they hoped for.

If you are using a mediator then the mediator should advise what works for both of you.

Dukey

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