A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Initial Petition - what happens if STBX defends?

  • SilverFir
  • SilverFir's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 12 #330285 by SilverFir
Topic started by SilverFir
I''m asking different questions all over this forum now!

I intend petitioning for divorce on the basis of two years'' separation with consent (using my local court, paying the £340 fee myself).

There is a chance STBX will defend the divorce because he may want to change the basis for divorce to adultery on my part (which I wouldn''t contest, but I can''t Petition on the basis of my own adultery!)

What happens if he defends the divorce? Does he have to start his own Petition (and pay his own £340 fee); or do they change the basis of the divorce petition that I''ve already raised?

I know that STBX wouldn''t gain anything practically by defending, but you try telling him that - I''m pretty sure he''ll defend and ask for the switch to adultery simply to take the moral high ground. ;)

  • Action
  • Action's Avatar
  • Platinum Member
  • Platinum Member
More
13 May 12 #330286 by Action
Reply from Action
Let''s hope he realises it''s a complete waste of time and money. Does he use a solicitor? If so, I would hope that he would be advised against it.

  • SilverFir
  • SilverFir's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 12 #330303 by SilverFir
Reply from SilverFir
STBX see sense? I won''t hold my breath.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
13 May 12 #330304 by Fiona
Reply from Fiona
Most people see sense if they are aware that the other party will be seeking legal representation and costs. ;)

In divorce proceedings the general court rule is that the unsuccessful party pays the costs of the successful party. Rarely can divorce be defended successfully and the costs aren''t insignificant.

  • SilverFir
  • SilverFir's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 May 12 #330306 by SilverFir
Reply from SilverFir
Oh''eck, I hadn''t even given any thought to asking for award of costs :silly:That''s the problem with having spent three years in the Scottish system, I''m used to people telling me that it''s "rare that costs are awarded".

Now where''s the forum section for discussing how you ask for & try to win an award of costs? :laugh:

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11