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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.


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Statement of case help for DIY divorce please?

  • Allbymyself
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18 May 12 #331387 by Allbymyself
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Hello, I never thought I''d end up having to join a website like this. In fact, I didn''t know such websites existed - but I''m glad they do!

I am just trying to fill out my divorce petition and wonder if someone would have a look at my statement of case facts please? Are these reasons ok to put down as they are, or do I need to rewrite or omit anything? Thank you for reading...

reasons for divorce

For the last 5 years the respondent has refused sex with the Petitioner making him feel frustrated. This has lead to regular arguments and the petitioner feels he is being forced to divorce or commit adultery.

Lack of emotional support - instead of encouraging agoraphobic husband to go out with her, the respondent just leaves him alone at home where he feels trapped and alone. Respondent spends more time with her parents than at home, leaving petitioner to have meals alone, usually not returning home until after 9pm

When the petitioner is at work or the respondent goes out, the respondent never answers the phone to the petitioner or calls back to let him know where she is. This, coupled with the lack of sex for the same time period has lead the petitioner to suspect that the respondent is having an affair. This has caused great distress and anger which again, has lead to many arguments.

On various occasions during 2011 not only did respondent refuse sex, but responded to petitioners advances by hitting him whilst in bed.

Petitioner has Slept on the sofa in the living room from January 2012, until finally moving out to a friends flat on 13th May 2012.

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18 May 12 #331392 by dukey
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Hello and welcome to our little world.

In short what you have written will be rejected, and you`ll have to pay another £90 to amend it, and there is an amendment procedure, you say five years, that`s the first problem, if you will with certain behaviour for more than six months leading to separation or divorce application you cannot say it led to the breakdown of the marriage, basically you lived with it.

Are you sure the rest of the form is correct what have you used for jurisdiction and section 10?, the forms are not that easy to complete and this is only the first.

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18 May 12 #331400 by Allbymyself
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Hi dukes, thanks for your reply.

I lived with it until I could take it no more - trying to save a marriage for the sake of our children but eventually reaching breaking point. Will a court not understand that? Perhaps I should just say that she has refused for the last 6 months then... But then they will probably see that as not long enough???

For juristiction I have ticked ''Article 3(1) of the council regulation (EC) No 2201/2003 of 27 November 2003''
On the following grounds ''the Petitioner and respondent are both habitually resident in England and Wales...''

Section 10 I have ticked that the marriage be dissolved...? I haven''t ticked anything else in section 10.

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18 May 12 #331405 by dukey
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Why don`t you use the wiki search bar and see how others have drafted the reasons section, not to be rude but yours needs work.

The jurisdiction bit is fine, and lots get that bit wrong so well done for that.

Section 10

Don`t tick the first box for maintenance pending suit but tick all the others, it matters not if you want any of them its just the way it must be done to avoid the judge questioning it, which usually means more court fee`s and delays.

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18 May 12 #331409 by Allbymyself
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I don''t understand why I must tick something that I don''t want. My wife and I are in agreement that we both want a divorce for the above reasons and we have agreed on what child maintenance I will pay. We don''t own a house, we rent, and she is keeping everything in the house and the car. I am leaving with nothing and don''t want anything apart from regular access to my children. Why does everything have to be so complicated!!

I will try searching again thanks, but already tried and that''s how I came up with what I came up with. It seems that our circumstances are different to everyone else''s and I don''t want to lie on a form that is being sent to court.

Thanks for your advice.

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18 May 12 #331417 by dukey
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I know it seems strange but the process is rigid and if there is a problem with the form it will be sent back with the application fee and your back to square one, some judges will allow it to be left blank most will not.

It does not mean you are asking for any of that in section 10, all it means is the court can if necessary become involved, for most this never happens, you agree you have a Consent Order and its over, but some agreements do fall apart and court is needed thus the provisions in s10.

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18 May 12 #331422 by Allbymyself
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That is a bit clearer, thank you for taking the time to explain it to me. Should I also tick the four boxes relating to the children at the bottom of section 10?

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