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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.


Question 5 - Form D10

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14 May 12 #330463 by spectra
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I don''t wish to contest the divorce.

However, I don''t wish to answer Question 5. What will happen if I leave it blank ?

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14 May 12 #330465 by cookie2
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Give us a clue, what is question 5?

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14 May 12 #330466 by spectra
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Question 5 on theD10 form is - Do you admit the adultery alleged in the Petition ?

I don''t want to admit to it because the real reason for our divorce is her unreasonable behaviour - however, she just got the forms filled in first !!

The advice note says that you are not obligated to answer it.

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14 May 12 #330470 by dukey
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If she is using Adultery as the reason and you don`t admit it the application will fail, ask her to change it to UB or think about cross petitioning.

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14 May 12 #330480 by cookie2
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I think your reply should really depend on the costs claim, and whether you''ve given her a written confession of adultery in the past.

If you have given her a confession of your adultery in the past then you''re pretty stuffed, you might as well answer "yes" and deal with any costs claim that comes.

If costs are claimed and you have not given her a confession, then there''s no reason to play ball. She will never be able to "prove" adultery so her Petition will fail. Answer "no" to Q5, and file your own UB Petition.

If you have not confessed adultery but costs are not claimed, then you should think long and hard about your reply. Really you might as well just confess and go along with it. The grounds for divorce do not affect the finances in any way so you will not be "punished" for being the guilty party. Really the cheapest and easiest way is just you go along with it.

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14 May 12 #330483 by spectra
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Thanks guys.

I have confessed adultery (not in writing).

I have also said that I will not defend the case.

She has written on the Petition that she will "only claim one half of the court fees".

We are not using a solicitor as all the financials have been settled separately.

It just brasses me off to have to answer that question as it makes me look like the villain !! That is why I was thinking of leaving it blank.

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14 May 12 #330484 by somuch2know2
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Do you want resolve?
Just accept it.. let her have her little victory and be done with it. She wants costs split 50/50- so its not as if she is trying to make you pay.

It really doesnt matter the reason- and no one really cares other than her by the sounds of it.

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