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What are we each entitled to in our divorce settlement?

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Annulment - based on fraudulent marriage

  • amit_kapz
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24 May 12 #332790 by amit_kapz
Topic started by amit_kapz
Dear all,

I have been married for 4 years, and now we are going through separation. At the time of marriage, my wife had told me that she was Unmarried - and even the marriage certificate has the status as unmarried. However, it was only after a year of our marriage that I found out about her Previous marriage and Divorce certificate from a date before our marriage, and that she also had a child from that marriage.

After a lot of cajoling and assurances from her, I forgave her and accepted to stay in the relationship basing it on her behaviour. I also legally adopted the child and took full responsibility as well.

However, things had really deteriorated in last 1 year, and we agreed to separate with her filing for divorce. She has now filed for divorce, but cited ridiculous grounds, which I dont want to accept.

Can I counter the Petition seekin annulment? Or is there a better way to handle this.

  • Fiona
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24 May 12 #332793 by Fiona
Reply from Fiona
You could apply for annulment if your wife had been lawfully married to someone else when you married but as she was divorced there are no grounds for annulment. In any case annulment tends to be more expensive than divorce because there must be a hearing.

If you don''t want to accept your wife''s reasons you can accept the marriage has broken down but disagree with the allegations.

  • amit_kapz
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24 May 12 #332797 by amit_kapz
Reply from amit_kapz
Thanks,

But can showing the proofs, that she married on fraudulent basis, have a material impact on how the settlement of finances achieved? She is seeking EVERYTHING possible on this earth, even though she works full time and earns about the same as me; and I am the one who has been bearing all the expenses, including Mortgage on the property that is in my name.

She is also seeking maintenance for herself and her child, which I really don''t want to give as she really doesn''t deserve it for the person she is.

Any pointers would help.

  • LittleMrMike
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24 May 12 #332801 by LittleMrMike
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I''m not completely clear what you are saying here. If your wife had been married, and that marriage had been ended by divorce, then she would be legally free to marry. It may not be very good form - or, as we might say, '' not cricket '' to neglect to tell your intended of the previous marriage, but the failure would not invalidate the marriage.
Assuming I have got this right, then your wife, is, I''m afraid, quite entitled to Petition for divorce and to make financial claims.
It''s quite understandable , when your wife rolls out a whole series of allegations against you, that your first reaction will be to contest them in Court. But the advice which is almost invariably given is that trying to defend the case is likely to be a waste of time. This is because it takes two to make a marriage work, and if one spouse is determined that it won''t, there is very little the other can do about it. So, as Fiona says, the normal ploy is to state in the petition that you do not accept the truth of the allegations but accept that the marriage has broken down and that you reserve the right to contest the allegations if they are raised in other proceedings between the parties ( for example, a dispute about the children ). The other, severely practical reason, is that defending the petition would '' cost a bomb '' to use the slang expression.
LMM

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24 May 12 #332802 by amit_kapz
Reply from amit_kapz
Thank you both Fiona and Mike for providing the insight.

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