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What are we each entitled to in our divorce settlement?

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divorce after a few month of marriage

  • laura
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04 Dec 07 #8446 by laura
Topic started by laura
I got married in September, my husband wants a divorce and we have only been married three months. Is he entitled to half of everything i have or because its only been three months can we get an annulment or go down a different route so he doesnt get half of everything?

  • sexysadie
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04 Dec 07 #8449 by sexysadie
Reply from sexysadie
Oh dear.

He has to wait a year before he can petition for divorce.

As it is a short marriage it is usual for you to take out what you put in, so no, he doesn't have a right to half of everything you have. You should get to keep it.

Sadie

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05 Dec 07 #8454 by TMax
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You must apply to annul the marriage within a reasonable period of time, in some cases this will be within three years. There is no requirement to have been married for 12 months before applying for a nullity

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05 Dec 07 #8517 by laura
Reply from laura
This is all new to me, what is the exact difference between annulment and divorce? I always thought it was the law that once married the other party gets half. Can you anul a marriage within 6 months?

  • LittleMrMike
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05 Dec 07 #8526 by LittleMrMike
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The significance of annulment is that the marriage is treated as though it never existed, except that children of such a union are regarded as legitimate. The grounds for annulemnt are, very briefly :

1. Wilful refusal or inability to consummate the marriage
2. lack of consent, eg if marriage entered into under duress
3. Mental illness of either party at time of marriage
4. An interim gender recognition certificate being issued to the respondent after the marriage.

If you think you have grounds for nullity I may be able to expand on this, but nullity seems in practice to be rare.

This is the legal position ; for the sake of completeness, it is not the same as a decree of nullity issued by the Church of Rome, where nullity decrees seem to be used as a device to mitigate the hardship of the
absolute ban on divorce which that Church operates.

Mike 100468

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