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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.


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What happens if they contest your petition?

  • WikiMan01
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20 Sep 07 #3687 by WikiMan01
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Hi Mike,

Thanks for that. It is very reassuring to know how few divorce petitions get defended. It would be very bad luck if I was one of the fifty for this year.

I'm lucky that my wife is not eligible for legal aid as I'm sure the sheer cost will be a major deterrent to her.

As suggested, I will discuss with my lawyer as soon as he returns.

Thanks,

Under Siege

  • kingpleb
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12 Apr 12 #323202 by kingpleb
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Hi All,

Im also very interested in this as Myself and possible x2b are not entitled to legal aid as she earns more than me anyway and i bet her folks will foot her legal bill after the solicitor they have had has likely given them uncontested costings.

I do however want to contest it as i haven''t been unreasonably behaved, haven''t committed adultery, and only left the house 10days ago at her request and to keep the peace and at the request of the police a few days later when trying to mend the fence i thought ended up having to pick up some stuff and leave( all in another post) so I''ve complied with everything asked of me, I''ve tried a mediator which she has refused to speak to.

I''ve spoken to one solicitor and can see it costing me at least £10k so am going to have to defend myself anyway and with her parents likely paying her bill contesting it and getting their solicitor to re-advise them of how much it will cost may shock them i think..

I never wanted it to get to this stage but why do things always have to be so difficult between people when we already live in such hard times?

  • dukey
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12 Apr 12 #323217 by dukey
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Hello King

I feel i should be wearing a suit to answer this.

Its best to start your own thread rather than dig one up from a few years ago, you have more chance of answers that way.

What you can do is refute the claims made and still allow the divorce.

If you intend to defend the divorce you may as well pop down to the seaside and order the tide not to come in, the chances of success are about the same.

When a spouse asks court for a divorce you have the option of defending the proceedings, the problem is that person is saying my marriage is over and by defending you are saying no its not, you can`t make someone stay married to you.

Now you could say all the allegations of unreasonable behaviour are untrue but again its your word against hers, and often UB is more about feelings than actions, also UB does not require proof.

In terms of costs the couple of defenses i know of both cost over 20k, both failed and they still ended up divorced.

Think very carefully before you defend, also bear in mind if you do defend you only have 28 days to provide court with the reason to defend (the answer).

  • kingpleb
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12 Apr 12 #323241 by kingpleb
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Cheers dukey I''ll pop it all in my new thread I''ve already started.

I just feel things have got out of hand and we need to sit down without external interference and work things out even if it means if it means going counselling and all I want the relationship to work and am willing to change for our kids sale and hers.

  • soulruler
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12 Apr 12 #323262 by soulruler
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really do not go down the route of attempting an adultery Petition and I also question the merits of your sollicitor stating that as a threat to your stbx.

There is a move to non fault divorce to which I entirely agree (dispite the fact that my marriage was extremely violent and my husband was an adulterer with my best friend and it is all documented in court the last 4 years - she even turning up and sitting in court during Ancillary Relief - blimey how much more obvious could you get - believe it or not on one occasion wearing a bright red polo neck jumper, black pencil skirt slit up to the top of her thigh and very high black stileto kinky boots).

DO NOT let either your solicitor or hers lead you on into endless ping poing letters about the rights and wrongs in all of this.

Maybe it is a horrible betrayal but you can get over it as long as you don''t let solicitors (in my view sometimes better called solititus) wind you both up and then you loose all your marital estate (and maybe your sanity and health) during divorce.

If she won''t acknowledge the petition just ask your solicitor to serve by process server, cost a bit more as a once off but saves ping pong letters and far greater costs (£60 at least just for a solicitors letter and then they have to review the file and do "lots of big thinking"). It will end up costing you thousands and thousands.

  • kingpleb
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12 Apr 12 #323267 by kingpleb
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Thanks Soulruler.

I don''t know what the reason will be if the initial letter even states that as I haven''t found out what it contains yet but I''m tied in knots at the moment waiting for the call to tell me what it is and then see where to go with it as I''ll need to give them the correct address to send mail to.

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