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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.

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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?

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Grounds for Divorce

  • Cally.vee
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23 Nov 07 #7472 by Cally.vee
Topic started by Cally.vee
Can I file for divorce on the grounds of self admittance to adultery instead of unreconcilable differences? If it is possible I can stop my wife contesting the matter.

  • Specialdad
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23 Nov 07 #7473 by Specialdad
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Thats a new one!! and the answer I would hazard a guess is no. Its best she petition on adultery grounds asap.B)

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23 Nov 07 #7479 by LittleMrMike
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The wording of the section is ' that the RESPONDENT has committed adultery '. You cannot rely on your own adultery,end of chat.

Mike 100468

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26 Nov 07 #7682 by Cally.vee
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Thank you folks, I guess then that as my wife said that she will not petition for divorce, I will have to go down the lines of unreconsilable differnces, and if she contests it on the grounds of adultery, admit it.

Is this a sensible course of action? as I do not really know TBH!!:S

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26 Nov 07 #7683 by Specialdad
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You have to petition on the basis of unreasonable behaviour. B)

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26 Nov 07 #7690 by JulesW
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Although it is often used in conversation when talking about marriage and divorce it is a measure of the state of a marriage rather than a reason for divorce.

Quick divorces;
1. Adultery - but has has been said the adulterer cannot use it as reason for petition. This can only be used as a reason within 6 months of the adultery. No real reason to mention name of the other party involved in adultery and this can slow whole process down.
2. Unreasonable behaviour, again must be within 6 months of the last incident unless exceptional reason

Slower Divorces
3. Estrangement - just dont know where spouse is.
4. Uncontested separation. Both parties agree not to contest it and this takes two years
5. Contested separation. One party does not agree to the divorce. Five years.

You may find it tricky to say that your wife is showing unreasonable behaviour by not divorcing you after you have committed adultery.

I think you had better start negotiating with her and discussing some of the issues in the marriage by the sounds of it.

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26 Nov 07 #7692 by JulesW
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