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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.


objection to reasons for divorce - advice pls

  • helen_n
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17 Aug 12 #350129 by helen_n
Topic started by helen_n
Hello,

I am trying to start divorce proceedings for the last 6 months but as my husband keeps moving he claims he never received the divorce petition from the court.
Recently i managed to forward the petition to him via special delivery so now know he has it. He has not replied to it however. Soon after that to the court to my knowledge. However as of last Friday, I received a letter from a solicitors company stating that he does not object the divorce but objects the reasons stated. I have gone for unreasonable behaviour as he has alcohol addiction. However he has never recognised his problems with alchol, independant of previous dealings with police, convictions for drink driving and a warning from social services regarding an incident when he was looking after one of our children.
There are various court orders in place: non-molestation, occupation, prohibited steps regarding having the children in his care.
I wonder what am i meant to respond to that letter? I cannot afford solicitors'' costs.
I am hoping to get a solicitor involved only for financial settlement issues if needed.
I am aslo worried that if I go for changing the reasons i stated, that would mean covering up his alcohol addiction and hence could expose the children to danger if the court decides on shared childcare for instance while not acknowledging his alcohol dependancy.

any advice is appreciated. At the same time shall i request that his solisitors return the required forms to the court?

Thank you,

Helen

  • busy bee
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17 Aug 12 #350131 by busy bee
Reply from busy bee
Hi Helen
What grounds does he therefore suggest that divorce is granted on? Unreasonable behaviour is the most mild of the options and can cover anything from leaving the loo seat up to not giving you a birthday card! Sounds like he hasn''t had any advice and that it is actually the best of the grounds to agree on...
Child care arrangements are a separate issue really as you can arrange an order for that and also for your financials so I wouldn''t worry.
But it might be worth while asking him what grounds he would like to pick instead of unreasonable behaviour...

good luck!

  • cookie2
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17 Aug 12 #350140 by cookie2
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Don''t bother changing the reasons. He has stated that he will not contest the divorce. This is all that matters. Tel him that he should submit his D10 to the court and that if he fails to do so within 14 days, you will apply for deemed service. You can use this letter as proof to the court that he has received the petition.

  • helen_n
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17 Aug 12 #350152 by helen_n
Reply from helen_n
Thank you both,

That calms me down, as it was actually his solicitors that were stating his concerns on the reasons stated. The 14 day period has already passed. I will write a response to them then. (for some reasons i had not received their first letter or at least they are stating that this is their second letter?)

Thank you!

Helen

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