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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.


Defending divorce

  • Ukellie
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30 Mar 12 #320960 by Ukellie
Topic started by Ukellie
Help advice guidance
A little background - husband committed adultery wanted a divorce after 20 years of marriage I was devastated within 5 weeks ( of leaving me)he served papers for my unreasonable behaviour -all lies, I have evidence, he refused to agree to my Petition (adultery) they crossed in the post but his got in first. I have cross petitioned answered his petition and submitted my grounds for unreasonable behaviour mainly based on his lies deceit and adultery
Can anyone advise what will happen if we both won''t agree I am not bothered about getting a divorce but he is desperate to get out of the mortgage hence the quickness I am still coming to terms with it all we are still only 10 weeks from separating. He is not communicating with me so it''s all through solicitors there is no children involved - appreciate any advice

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31 Mar 12 #320974 by Reddit
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If your marriage is over, who divorces who is immaterial. The most expeditious way is for one to divorce the other for unreasonable behaviour. The burden of proof for adultery is extreme.
It is quite usual for the respondent to feel insulted by the the grounds for UB which are cited in the Petition, but to argue about it achieves nothing and costs money. The reasonable approach is for the respondent to return the Petition with something along the lines of "I agree to the divorce but i disagree with the grounds stated." Do not specifically refute the grounds.
Who divorces who and why does not become a matter of public record and does not affect the financial resolution.

Ultimately your husband can divorce you without your consent, it will just cost you both a lot of money. As for him wanting to get out of the mortgage - well depending on all your circumstances he may or may not be able to. Again the final outcome can be with your cooperation or if without it will cost you both a lot of money. In order to advise you specifically we''ll need to know your ages, incomes, pension CETVs, house value and equity, any other assets and liabilities. Were you together for long before marriage?

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