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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.


Grounds for divorce - adultery

  • Johnny7
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12 Jun 12 #336272 by Johnny7
Topic started by Johnny7
My wife left me 7 months ago, after she started an affair with someone else. I started seeing another woman about a month ago, and I would like to know if my wife can now divorce me for adultery even though it was her who left and broke up the marriage. I don''t want to divorce at the moment.

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12 Jun 12 #336275 by cookie2
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The burden of proof is very high for adultery. She has to prove 100% that intercourse took place. Basically she can only do it if she has some very intimate photos or a child of the affair, or a signed confession by you. If she does not have pone of these then you can simply deny it and the divorce will fail.

However she can use unreasonable behaviour and there will not be diddly squat you can do to prevent it. If she wants a divorce (and if she does it right), then she can get one, with or without your permission, cooperation or even signature.

  • jslgb
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12 Jun 12 #336283 by jslgb
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Sorry to jump on your thread!

Cookie, how does unreasonable behaviour work? My ex wont admit adultery so i think this is the route i will end up going. So far he has ignored all communication from my solicitors and i anticipate he will keep this up. How will the divorce be granted if he refuses to acknowledge it etc?

Thanks

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12 Jun 12 #336294 by cookie2
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If he refuses to respond to the divorce petition then you would have it served on him by a court bailiff or (preferably) a process server. You would then apply for Directions for trial using the process server''s affidavit of service. This proves to the judge that your ex has received the Petition.

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12 Jun 12 #336309 by jslgb
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Can he still refuse to acknowledge it if he has been served? Does he need to agree to it or sign anything?

Thanks

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13 Jun 12 #336401 by cookie2
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No, he cannot refuse it if a process server serves it. Even if he tears it up in front of the server, it doesn''t matter, there will be proof that he received the papers and that is what matters. There was one case on this forum of papers being served under a car windscreen as it sped off. You do not need his agreement or signature.

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13 Jun 12 #336513 by jslgb
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Thanks Cookie.

Spoke to my solicitor today and we''ve decided this is the way we are going to go. He''s drafting the Petition asap.

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