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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.


When can a divorce be stopped

  • Yummy_Mummy
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03 Jul 12 #340820 by Yummy_Mummy
Topic started by Yummy_Mummy
Divorce has been agreed by both parties but I have heard that just because I want...he wants...doesn''t mean, we can easiy get one.

The 2 main grounds for divorce are adultery and unreasonable behaviour. In this case, adultery is difficult to prove so it is unreasonable behaviour again quite subjective and difficult to prove in line with psychological abuse incurred.

I have heard that it is at the discretion of the Courts whether we can got a divorce.

On what ground could the Court say no you can''t have one (stuck with each other).

Will children and their views carry any weight in this.

I hope I am asking the right question.

Thanks
YM

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03 Jul 12 #340823 by cookie2
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Almost every married person in the country can get a divorce based on unreasonable behaviour. You do not have to "prove" your grounds like you do if you use adultery. As long as you draft the Petition correctly, there is absolutely nothing that can prevent it going ahead. As long as the grounds are good enough to satisfy a court that the marriage has broken down, they do not have to be all that bad. It is common to use such things as spending too much time at work, spending too much money, lack of intimacy, not helping around the house, not getting involved in hobbies, etc. You should have 5 or 6 of these points. It is useful to include feelings. For example one point might be:

"The respondent spends too much time at work, leading to the Petitioner feeling unloved and lonely"

4 or 5 more like that and you''re home dry.


A court would only refuse a divorce petition if you have made a mistake, or if your grounds are too weak. If you post them on here before submitting to court then we can check for you, to ensure it''ll go smoothly.

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03 Jul 12 #340824 by vivi36
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I got quite excited when I read your title. I thought you''d made up and were gonna skip off into the sunset together.

But as Cookie said UB is good enough, you don''t have to rip each others hearts out with the reasons (like mine did)

good luck

xx

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03 Jul 12 #340841 by Yummy_Mummy
Reply from Yummy_Mummy
No Vivi

I am afraid that cannot happen on the grounds of what I have gone through with this man. It is unlikely that he would make attempts to see what he has done is wrong.

If I were to stay with this man, or say that I want to have reconciliation, this would have detrimental effects on the children.

They do not need to see any further abuse.

Thank You perhaps you would excited to be able to see my smile one day.

YM

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03 Jul 12 #340844 by WhiteRose
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vivi36 wrote:

But as Cookie said UB is good enough, you don''t have to rip each others hearts out with the reasons (like mine did)


I second this - it needs to be enough that it will be accepted by the Judge, but doesn''t need to cause more problems (remember there is still the finances & child contact to discuss)

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03 Jul 12 #340847 by Yummy_Mummy
Reply from Yummy_Mummy
I completely agree with you but he is doing all this and not stopping.

He is being unfair with the children and finances too.
Our solicitors are involved on a practically daily basis.

Nothing is really getting sorted.

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