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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.


stbx contesting petition - what happens now

  • missguided
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19 Jul 12 #344267 by missguided
Topic started by missguided
Hi All

My stbx received Petition but i know he is going to contest it for all or some of the following..

1. my solicitor automatically ticked box saying Respondant pay court fees (or whatever it reads)
2. doesnt like part of one of my reasons, naming a particular (agressive) event that i stated i fled house as feared for my safety (although he is happy to admit to event)
3. In statement of arrangements he doesnt like that i''ve said whilst son young (4) can only take him for a max of 1 week at a time in school holiday (i have posted seperately on forum about this).

What happens now? Does his solicitor respond to the court and they inform me, or will solicitor send me copy?
What happens when court receive notice that being contested?

Thanks
Miss x

  • Emma8485
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19 Jul 12 #344269 by Emma8485
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Hi if he contests it then you or your solicitor will be notified.

Its worth noting that the statement of arrangements isnt binding in any way it just tells the court that you have considered the children and the future arrangements for them

  • jslgb
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19 Jul 12 #344270 by jslgb
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If your using UB then he can agree to the divorce but refuse to accept the reasons.

Contesting the divorce would cost an awful lot of money and would be pointless. Also if he isnt happy with the arrangements for children he would have to take you to court separately for contact. The court just want to see that regular contact is taking place, they wont get involved during the divorce process over whether two weeks is taken together or not.

x

  • Lostboy67
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19 Jul 12 #344271 by Lostboy67
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Hi
Is this the deaft petittion from your solicitor or is it from the court.
If it is a draft then you may need to amend the petittion a little to take out the reason he objects to.
There is no real point in him contesting the pettition unless he has more money than sense.
His best course of action would be to accept that the marriage has broken down but to state that he does not agree with the reason(s) given.
The statments of arrangments for children are not binding, they just show that some thought has been given for the welfare of the child(ren) going forward.

LB

  • missguided
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19 Jul 12 #344276 by missguided
Reply from missguided
LB

The Petition is from the court.

Guess i will just need to sit and wait for the solicitors letter to come through!

How does he go about contesting that he pays for costs ( even though i have said to him that as part of the Consent Order i will refund half the cost).
Thanks
Miss

  • Fiona
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20 Jul 12 #344280 by Fiona
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If your husband has a solicitor the chances are he will be advised not to contest the divorce and agree the marriage has broken down even if he disagrees with the allegations.He should also be told it usual for the Respondent to pay costs and accepting your offer to pay half is a reasonable compromise.

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20 Jul 12 #344305 by cookie2
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missguided wrote:

1. my solicitor automatically ticked box saying Respondant pay court fees (or whatever it reads)
2. doesnt like part of one of my reasons, naming a particular (agressive) event that i stated i fled house as feared for my safety (although he is happy to admit to event)
3. In statement of arrangements he doesnt like that i''ve said whilst son young (4) can only take him for a max of 1 week at a time in school holiday (i have posted seperately on forum about this).

None of these are good or valid reasons for contesting a divorce. A judge will not accept any of them.

If you contest a divorce you are saying that the marriage has not broken down. Good luck to him if he wants to try to convince a judge of that. Do you really think he could convince a judge that the marriage has not broken down, when you have filed for divorce?

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