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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.


Wording the grounds for divorce - UB

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26 Jul 12 #345498 by DGD
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Thank you, cookie2.

Can I just clarify to make sure I understand this right?
What if he says: I agree the marriage has broken down (i.e. I do not contest a divorce) but for the different reasons to the ones in the petition?
What would happen in this scenario?

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26 Jul 12 #345510 by cookie2
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The divorce wold go ahead no problem. As long as he doesn''t contest then all is smooth. Even if he does contest, it will still go ahead, but the road will be a little more bumpy.

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26 Jul 12 #345534 by DGD
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Thank you, cookie2. Understood.

Now as for my returning to the MH, if I return on 1st August and, say, submit my Petition within a week, would you still think the wording of my last paragraph needs changing:

Due to these incidents the Petitioner moved out of the marital home in February 2012. She returned in August 2012 to commence the divorce proceedings.

Do you think the very fact of me coming back defeats the grounds for divorce?

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26 Jul 12 #345537 by cookie2
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Yes, I have to say I do. It is not necessary to move back to commence divorce proceedings. I think a judge would look at this and think, "Huh? This man physically abused her and she is filing for divorce based on that. She has been moved out for 5 months. Why in the 7 rings of Hades would she move back in with him?"

And I am wondering the same thing too. You make this guy sound like the devil incarnate. Why on earth are you even considering moving back in with him?

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26 Jul 12 #345582 by DGD
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cookie2, thanks. I understand what you are saying. I guess I have to have another serious think ref my returning to the MH.

I just want to explain why I have had this idea. It is my and my daughter''s home and has been for the past 5 years. All my and her belongings, including the documents for the divorce, are in the MH.
I can not afford to rent another place as my stbx refused to pay the mortgage and bills on our MH, so it had to be done out of my savings for the past few months.
I hope that now I will be able to stand up for myself if needed, at least to the extent that I will not be afraid to call the police or see a solicitor.

I would rather stay somewhere else of course as I do not feel safe staying at the same place as my stbx. I just don''t seem to be able to find an easy solution to this.

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26 Jul 12 #345584 by cookie2
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Well, if I were you, I would file for divorce and maintenance pending suit. Do not risk your safety for the sake of money.

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26 Jul 12 #345599 by Hacked Off
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If you want to keep things relatively calm with your husband, it is quite possible to obtain a divorce on the grounds of UB without going into too much detail. Five ''bullet points'' should be adequate. I know it makes people feel better if they can get all the bad stuff down on the form BUT dont make the same mistake I did....I put stuff down about my wife''s deceit etc that she didnt know I knew, and that made her raging mad and dragged out the divorce and the financial proceedings. As long as you have sufficent grounds for the divorce and it is granted it will make no difference to the financial outcome.

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