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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.

Delaying Petition

  • Doc501
  • Doc501's Avatar Posted by
  • Junior Member
  • Junior Member
01 Jul 12 #340336 by Doc501
Topic started by Doc501
I was hoping to start petitioning for divorce by now as seven months have passed, but as I am still servicing the marital debt and now have an extra bill to pay down to unforeseen circumstances it will be mid August before I will have the funds to start the Petition. For the record I will be using the wiki services.
However I have just received a letter from my stbx solicitor, she has enclosed a form of an admission statement from my wife to admitting of having committed adultery. Which has been signed and dated by my wife. The solicitor goes on to say that our client is not in a position to meet any of your costs. She is dependent upon benefits and in receipt of Legal help (Legal Aid), the divorce would have to be on the basis of no order for costs i.e. you meet your cost and she meets hers. Will you please let us know within the next seven days whether you intent to instigate divorce proceedings or not? If you do not, then we will consider other options with our client.
One question I would like to ask, can my wife take the lead in this and start divorce proceedings against me even though she is the one at fault. That is the only thing I can think of the solicitor saying they will look at other options with our client.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
01 Jul 12 #340339 by dukey
Reply from dukey
Well she can`t divorce you due to what she did, they will probably talk about her using unreasonable behaviour in order to divorce you, which is a little odd seen as though she has signed a confession statement, its probably what they will do though if you don`t begin proceedings.

  • cookie2
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  • Platinum Member
  • Platinum Member
01 Jul 12 #340344 by cookie2
Reply from cookie2
Almost anyone in the country can get a divorce based on unreasonable behaviour. Who is "at fault" is subjective. Yes she might have committed adultery but she will say it''s your fault that the marriage was already dead and she had to seek comfort elsewhere.

Yes "other options" means they will Petition you for divorce, and they may include a costs claim too. If I were you I would try to rustle up the £340 plus £179 wiki fees ASAP. It''s not a lot really. If they get in there first and make a costs claim, it could cost you £1500.

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