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Amicable Divorce - Single Prayer Petition?

  • Limey99
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17 Jan 08 #10912 by Limey99
Topic started by Limey99
Hello everyone.

After 5 years of marriage my wife returned to her native country because of homesickness. We've been seperated now for 2.5 years and finally agreed to an amicable divorce as there is little prospect of either party relocating in the future.

There are no children from the marriage and a 14 year old from my wife's previous marriage, who returned home with her.

We have already agreed financial terms and just want a cheap, quickie DIY divorce without the cost associated with establishing legally binding agreements. There is a high level of trust between us.

The intention if for my wife to petition on the grounds of two years seperation and strike out all the prayers save for the divorce suit.

Would the court allow such a petition?

If so, would this offer us any protection against subsequent additional financial claims?

  • Josh2008
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17 Jan 08 #10933 by Josh2008
Reply from Josh2008
You can petition on two year separation as long as you both agree to it.

You can cross out all of the options in the prayer with regard to financial and child support.

The divorce will go through based on that.

Unless you sort out finances now, either party can come back for an indefinate period and make claims on the other.

Let's say that you proceed as you have suggested and sometime in the future you win the pools, the lottery or inherit, your x can come back for a slice of it, that is providing your x has not remarried.

There was a case recently where a wealthy husband gave his wife a large sum £120k but did so in an informal arrangement, 12 years later he became more wealthy and the x wife had recklessly spent her money

She succesfully got £200k from him even after this great length of time and the judge said that if she had not been reckless in the past then he would have awarded more to her.

Best to sort out the finances now and get it ratified by a Consent Order through the courts and there can be no come backs.

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17 Jan 08 #10936 by Limey99
Reply from Limey99
Thanks for the response.

Just one further question.

Would the situation change if my wife made the same single prayer petition with/using legal advice?

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17 Jan 08 #10945 by Josh2008
Reply from Josh2008
Situation would be exactly the same, whoever petitions for divorce

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