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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.


Divorce petition received.

  • Brit
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23 Apr 12 #326062 by Brit
Topic started by Brit
Hi, I''ve been separated from my wife for 22 months now, we have both moved on living with new partners and I believe that my stbx alledgedly got engaged on a recent trip to Goa. We had communicated speaking about arranging a wikivorce divorce at the two year period, but last week I received a divorce petition from her.
She is stating adultery, which is true and was the eventual reason for us parting ways after a torrid period of time. She has a solicitor giving her advice but is not represented by this sol.
I am happy to accept the petition but not the costs, is there anything that I can write to state this ?
Also the statement of information for the children is incorrect, as she has written my daughters name on the form Even though she is 19 . She has also given incorrect information regarding the amount of time that I see the children each week, also ommitting the fact that they are welcome to see me at anytime at my home, which is the previous FMH.
Financially wise, we have sorted the house between us and there is only my pension to settle up, I have agreed this should be halved.
I cannot afford a sol, nor to pay for all of the divorce costs, what can I do to help myself here ?

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24 Apr 12 #326159 by cookie2
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Is this Petition a draft form her solicitor, or has it come from the court?

She requires your co-operation to get a divorce based on adultery. You can write to the solicitor, "I will confess the adultery as long as the costs claim is withdrawn".

If it''s a draft then you can request the statement of information for the children be corrected. If it''s from the court then it doesn''t really matter.

Regarding the finances you need to get a Consent Order which settles the house, pension etc and dismisses future claims. This can be done after Nisi stage, although you can negotiate and arrange the terms before that.

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24 Apr 12 #326177 by Brit
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Thank you for your reply cookie2. The Petition has a court stamp on it , so isn''t the draft, can I offer my consent if the costs are split ?
I have taken the time to read back over a number of posts similar to mine and understand that I can claim certain terms against the allegations , whilst giving my consent at the same time ?
It is sad that she couldn''t wait the extra couple of months to reach the two years separation.

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24 Apr 12 #326191 by cookie2
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I would write to her solicitor, and say that you will confess the adultery provided they send a written undertaking that the costs claim will be dropped. Do not return anything to the court until you have this.

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24 Apr 12 #326255 by Brit
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Will this not cause problems with the court with the delay of the Petition return ?

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24 Apr 12 #326265 by cookie2
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No, the 7 days thing is just to scare small children. Nobody ever returns it within 7 days.

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24 Apr 12 #326269 by dukey
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If your going to be late then at least let the court know, the problem arises if the applicant asks the respondent be served, if your out of time the court allow this, if it happens the respondent more often than not gets to pay the bill not just to be served but for the whole lot.

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