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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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deemed service

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07 Aug 12 #347902 by mejulie82
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Hi,

My partner has filed for divorce under unreasonable behaviour. The respondent has ignored the papers sent out 3 weeks ago, but his legal advisor has phoned her today and she has fortunately confirmed receipt. Therefore my partner is now able to request for deemed service.

Can anyone tell me how long this normally takes to be granted? And also how much right does his ex have to then contest in the interim or after deemed service is granted?

She is saying she has been to see a solicitor and a letter has been sent but as we have recently moved we are not sure if this is true. She wants to contest based on the dates and the reasons, but if she has not gone down the appropriate route will this matter??

Thanks for any advice,

J

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07 Aug 12 #347905 by cookie2
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He should ask his legal advisor how long it will take. It very much depends on the circumstances.

Contesting is hardly ever done. Contesting a divorce is a complete waste of time and money, whether it was done through deemed service or not. A lot of people say they will contest but in reality, once they find out what is involved, how much it costs and the likely chances of success, hardly any ever go through with it.

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07 Aug 12 #347912 by mejulie82
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Thanks cookie. I ''m sure no solicitor would advise her to go ahead with contesting it asit is for ridiculous reasons but we are not sure what she is up to. She keeps threatening to do so unless he changes the dates of separation, and has said a letter has been sent but we have not seen it.

Could you tell me whether this letter (if it exists) can make any difference given that she has not sent the acknowledgment of receipt back and we are now going for deemed service? Does she still have the right to send a response after 3 weeks? And could a letter from her solicitor be seen as a form of a response if she has only sent it to us and not the court?

Thanks for your help.

J

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07 Aug 12 #347916 by cookie2
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What are the grounds for divorce? Is it 2 years separation or unreasonable behaviour?

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07 Aug 12 #347929 by TBagpuss
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The date of separation is only relevent if the Petition is based on 2- or 5 years separation.

Her response is nly relevent if it actually says that she intends to defend the divorce, in which case she then has (from memory) 28 days to file a formal defence.

If her response if effectively @I agree that marraieg is over but I don''t like what you''ve said'' than the divorce is still undefended, and the letter is proof that she has had the Petition.

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07 Aug 12 #347939 by mejulie82
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Unreasonable behaviour

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07 Aug 12 #347944 by mejulie82
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Thanks bagpuss. Her solicitors are now faxing said letter so we will soon find out what is in it. I imagine it will say she doesn''t agree to the reasons and the dates are wrong. She wants them to be changed to two years later because she is effectively illegally in the country I think if the dates say otherwise. She has bank statements of a joint account but no other evidence to say they were married for longer. I can''t imagine she will contest the actual divorce but will she be able to send a cross Petition and if so will this mean going to court? We just want this over with as you can imagine!

She has confirmed receiving the papers when rung by my partners legal advisor so we were proceeding to deemed service before this letter reared it''s ugly head!

Thanks for your help.

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