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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.

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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.

Defence application after Decree Nisi

  • adropofwater
  • adropofwater's Avatar Posted by
  • Junior Member
  • Junior Member
05 Jul 12 #341398 by adropofwater
Topic started by adropofwater
a bit of bad news for me. please i need your expert suggestions.

- my solicitor had to apply for Decree Absolute on 3rd of july. he applied and today he informs me that court has rejected application saying respondent put an application to defend the divorce (unreasonable behaviour).

Please can you suggest me, if some one defends the divorce, can court say that i will have to live with her??

my solicitor says end result would be the divorce. one thing he doesnt give me idea of how long it might take.

please can you suggest generally how many hearing it takes to resolve matter.

we had brief 2 year marriage. Can she defend to have regular money from me for her living? there are NO kids involved and she is working as well.

  • sexysadie
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  • Platinum Member
  • Platinum Member
05 Jul 12 #341401 by sexysadie
Reply from sexysadie
No, the court can''t say that you have to live with her. You just have to stay married until you manage to get a Petition accepted. That doesn''t mean that you have to have anything to do with her in the meantime.

Defending the divorce is usually not a good idea - the marriage is over and it just delays things.

What will happen now will depend on why she is defending. She may not like your instances of unreasonable behaviour and so want to claim she didn''t do any of it. Or she may want to have her own petition (sometimes people feel this way if the other person has committed adultery). You will have to wait and see.

The worst case scenario is that she successfully defends and then won''t agree to a divorce. If that happens then you will either have to try unreasonable behaviour again or wait five years and divorce without consent. Either way, as long as there wasn''t a substantial amount of cohabitation before your married, she won''t have any grounds to claim maintenance. As regards property, you should both take out what you put in.

Best wishes,

  • adropofwater
  • adropofwater's Avatar Posted by
  • Junior Member
  • Junior Member
04 Aug 12 #347231 by adropofwater
Reply from adropofwater
Ok, i have got copy of ex''s defence application now.

statements she has given are mainly 2
1. she doesn''t agree with the allegations i have made in Petition & given her own statements and accepts that marriage has been broken but not due to statements i have given but actually due to waht ever she is saying.

2. me and she both are here in UK but got married in India, so she is saying that UK courts dont have any jurisdiction so case should be transferred to india. basically just want to delay things as she has rich boy friend with her.

What do you think? Is this strong case of defence?
there is no kid/property involved. very brief marrige.

please suggest

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