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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Disagree with her reasons/lies, Etc

  • tootone
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30 Jun 10 #211956 by tootone
Topic started by tootone
Hi,

Having just received the Petition from court, Im totally gobsmacked with the reasons she has cited for my unreasonable behaviour - as they are lies/made up. Also, she has left in all of the 'PRAYER' orders, requesting all forms of financial payments from me !!
How can I let this just go through uncontested ? and will I be able to defend myself ?
Will it be expensive and how can I get the Prayer orders taken off ?

Please advise, - as Im not sure what to do next ?

Thanks,

Tony

  • pixy
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30 Jun 10 #211957 by pixy
Reply from pixy
I'm still a beginner at this and someone who is more knowledgeable will probably answer too, but as I understand it there is no point in contesting the grounds, it racks up costs and the divorce will still go through. So you deny the grounds but accept that the marriage has broken down irretrievably. And as I understand it all the requests for relief are normally left in as a matter of form; you will have to negotiate a settlement which may include any or all or eperhaps even none of them.

Take a deep breath, and don't let the paperwork scare you!

  • tootone
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30 Jun 10 #211961 by tootone
Reply from tootone
Thanks pixy, you are right and I know theres no point, but lies are lies and the finacial prayers are ridiculous !

It feels like I would be owning upto something Ive not done though !!?

Tony

  • Fiona
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30 Jun 10 #211968 by Fiona
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To defend a divorce can cost £15k and the unsuccessful party is usually ordered to pay the other side's costs. It isn't worth the money, time or energy which are better spent sorting out the finances and arrangements for any children. You can just state that you agree the marriage has broken down but disagree with the allegations and reserve your right to defend them should they be raised at a later date before signing and sending the papers back.

IT is usual for someone to tick all the Ancillary Relief boxes in the prayer because it leaves the options open. However, that doesn't mean they will actually claim everything.

  • tootone
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30 Jun 10 #211972 by tootone
Reply from tootone
Thanks Fiona,

It seems the only way, is to sign and get the thing done asap.
Tony

  • suchafool
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10 Feb 11 #250980 by suchafool
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Can you put anything in the Petition about your partners behaviour ? In my case she commited adultery we got back together for about 9 months, but have agreed a divorce. She is issuing me a petition on the grounds of unreasonable behaviour, ie: I can't get over her adultery, I hav'nt seen the petition yet, so how can I respond by mentioning the adultery when I return the papers, is there such a system ion place?
Thanks in advance

  • maisymoos
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10 Feb 11 #250988 by maisymoos
Reply from maisymoos
my ex did the same I wanted to defend/ submit cross Petition but my solicitor strongly advised it could cost up to £10k and I might not win!!!

In the end I accepted his petition but not the allegations and stated I would defend them if ever required to do so. I wrote this on the Acknowledgement of Service.

This was very emotional for me as he committed adultery and I was in the process of divorcing him on those grounds, but he rushed in his own petition direct to court. I assume simply to hurt me.

Not sure it is worth defending a divorce and this rarely happens these days, but I totally understand your hurt and dilemma I spent Christmas this year weighing up what to do, the whole thing was very emotional, but in the end I had to go with my head and not my heart.:dry:

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