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Staying married for as long as possible

  • Ray 1976
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19 Sep 15 #466921 by Ray 1976
Topic started by Ray 1976
My wife wanted a none blame divorce so we were waiting the 2 years . Well 8 months in and she wants it quicker now , and has been the usual ***** that ex are .
I''m not bothered about it tbh and I know it will do her head in . So am I right in thinking that she can''t file for divorce without my agreement for 5 years .

  • Luna Shadow
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19 Sep 15 #466923 by Luna Shadow
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Sorry to be the bearer of bad news but she can file for divorce using unreasonable behaviour as the grounds any time she likes.

You may think that you have not behaved unreasonably, however the reasons can be pretty bland and only need to be unreasonable to her.

It''s not worth the cost and effort in defending such a divorce petition - the normal advice is to disagree to the reasons but agree to the divorce.

  • Ray 1976
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19 Sep 15 #466935 by Ray 1976
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So what if I do nothing , refuse to sign anything unless she leaves with nothing this what I''m gonna do .
Let her spend on solicitors and stuff , I''ll refuse till I''m forced to court .
I don''t wanna stay married to her but I can''t afford to give her what she wants . Simples

  • Fiona
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19 Sep 15 #466937 by Fiona
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The actual divorce and finances are dealt with separately. If you refuse to sign papers the court can grant the divorce anyway. There is a general court rule that the unsuccessful party to an action pays the costs of the successful party which applies to the actual divorce. That means even if you don''t have a solicitor you can be ordered to pay your wife''s costs so it makes no sense to run up her bills or damage long term family relationships more than necessary by being uncooperative. Much better to try to negotiate reasonably and agree to the divorce if she pays, or share the costs. Then you can save your energy, time and money and focus on separating the finances.

With the finances each party normally pays their own costs. The courts encourage spouses to negotiate or mediate an agreement between themselves to keep the costs down and to limit unnecessary long term damage to family relationships and the impact that has on children. Separating the finances is really just a number crunching exercise - identify and value any assets held in joint and sole names then consider property prices, both parties mortgage raising capacities and how the family (in particular children) are to be housed.

However if no agreement can be reached and you go to court there are sanctions and penalties including cost orders, fines and in extreme cases even committal to prison for not complying with court rules and procedures, unreasonably refusing offers causing unnecessary hearings and misconduct during proceedings. Therefore you really need to separate the emotions from the practicalities and deal with them separately.

  • Ray 1976
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19 Sep 15 #466938 by Ray 1976
Reply from Ray 1976
So if I agree to the divorce but not the reasons what happens then ?

Thanks

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07 Oct 15 #467775 by Man38
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That''s not an option, and it doesn''t even matter. You either defend the divorce or not.

I wouldn''t fight about this. Pick your battles and focus on what is important, there is no advantage on being obstinate about other things

  • Fiona
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07 Oct 15 #467777 by Fiona
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It is possible to state that you agree the marriage has broken down irretrievably but disagree with the allegations when signing the acknowledgement of service.

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