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Help with D80b

  • TFSM
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05 Sep 12 #353935 by TFSM
Topic started by TFSM
Firstly a bit of background:

- I got married July 2011
- My husband started having an affair in September 2011
- I found out about his infidelities in October 2011 and he left the marital home. We have lived separately ever since.
- I filed my divorce petition after the 1 year anniversary of our wedding.
- My husband informed me that if I used the grounds of adultery, he would deny it.
- I filed for divorce on the grounds of unreasonable behaviour. I gave 6 reasons from the date of our marriage to the date of our separation. One of these was concerning his "inappropriate relationship with another woman".

Anyway, yesterday I received his Acknowledgement of Service through the post, along with form D80b and D84. In the Acknowledgement of Service, where it asks if he agrees to the statement of the Petitioner, he has written "Yes". However, when he''s asked if he wishes to defend the divorce he has put an asterix, and at the bottom of the page he has written:

"I accept the marriage is irretrievably broken down. I do not accept or admit the allegations, and I reserve the right to defend them if raised in later proceedings. I am not intending to defend the divorce."

Firstly, I am unsure how he can both agree and deny my statement of case? Secondly, I am unsure of how to fill out the D80b form. Can anybody help?

Question 1 - ok with this.

2. Do you wish to alter or add to any statement in the divorce / dissolution / (judicial) separation petition?
Going to tick No.

3. Subject to these alterations or additions (if any) is everything stated in your divorce / dissolution /(judicial) separation petition true?
I want to tick Yes to this as everything I have written is true, but am worried the judge will see it''s my word against his, and I don''t know what the repercussions of that will be.

4. If you consider that the Respondent’s behaviour has affected your health, state the effect it has had.
He caused me a great deal of anxiety and stress. After he left me, I was signed off work for 6 weeks. Do I mention this? If so, I believe I need to provide evidence from the doctor?

5. Is the Respondent’s behaviour as set out in your petition continuing?
If the Respondent’s behaviour is not continuing, what was the date of the final incident relied upon by you in your petition?
I assume I tick No as we are no longer together? If so, is the final incident date the date he left our marital home? (this was one of the UB reasons in my petition).

6. Since the date given in answer to question 5 (or if no date was given to that question, since the dateof your divorce / dissolution / (judicial) separation petition), have you lived at the same address as the Respondent for a period of more than 6 months?
Ticking No.

Further questions are not applicable as we have no children.

Any help would be greatly appreciated.

  • dukey
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05 Sep 12 #353937 by dukey
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He has talked with a solicitor and given a standard responce, don`t worry this is how it tends to go, nothing out of the ordinary.

2. Do you wish to alter or add to any statement in the divorce / dissolution / (judicial) separation petition?
Going to tick No.

Yup No

3. Subject to these alterations or additions (if any) is everything stated in your divorce / dissolution /(judicial) separation Petition true?
I want to tick Yes to this as everything I have written is true, but am worried the judge will see it''s my word against his, and I don''t know what the repercussions of that will be.

Yup yes and no the judge wont be looking for proof

4. If you consider that the Respondent’s behaviour has affected your health, state the effect it has had.
He caused me a great deal of anxiety and stress. After he left me, I was signed off work for 6 weeks. Do I mention this? If so, I believe I need to provide evidence from the doctor?


It makes no odds really, but no proof from a doctor is not required.


5. Is the Respondent’s behaviour as set out in your petition continuing?
If the Respondent’s behaviour is not continuing, what was the date of the final incident relied upon by you in your petition?
I assume I tick No as we are no longer together? If so, is the final incident date the date he left our marital home? (this was one of the UB reasons in my petition).


As you say the answer is no you don`t live together anymore.


6. Since the date given in answer to question 5 (or if no date was given to that question, since the dateof your divorce / dissolution / (judicial) separation petition), have you lived at the same address as the Respondent for a period of more than 6 months?
Ticking No.

Yup No.

  • TFSM
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07 Sep 12 #354436 by TFSM
Reply from TFSM
dukey wrote:

He has talked with a solicitor and given a standard responce, don`t worry this is how it tends to go, nothing out of the ordinary.

2. Do you wish to alter or add to any statement in the divorce / dissolution / (judicial) separation petition?
Going to tick No.

Yup No

3. Subject to these alterations or additions (if any) is everything stated in your divorce / dissolution /(judicial) separation Petition true?
I want to tick Yes to this as everything I have written is true, but am worried the judge will see it''s my word against his, and I don''t know what the repercussions of that will be.

Yup yes and no the judge wont be looking for proof

4. If you consider that the Respondent’s behaviour has affected your health, state the effect it has had.
He caused me a great deal of anxiety and stress. After he left me, I was signed off work for 6 weeks. Do I mention this? If so, I believe I need to provide evidence from the doctor?


It makes no odds really, but no proof from a doctor is not required.


5. Is the Respondent’s behaviour as set out in your Petition continuing?
If the Respondent’s behaviour is not continuing, what was the date of the final incident relied upon by you in your petition?
I assume I tick No as we are no longer together? If so, is the final incident date the date he left our marital home? (this was one of the UB reasons in my petition).


As you say the answer is no you don`t live together anymore.


6. Since the date given in answer to question 5 (or if no date was given to that question, since the dateof your divorce / dissolution / (judicial) separation petition), have you lived at the same address as the Respondent for a period of more than 6 months?
Ticking No.

Yup No.


Thanks so much for your help, the forms have been sent off now so fingers crossed!

Any idea if I will encounter problems such as the judge wanting more information because he''s basically denied everything?

  • dukey
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07 Sep 12 #354437 by dukey
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As long as he signs the paper sent from court (D10) all will be well, all the judge actually needs to know is the marriage has broken down and both agree this has happened.

  • SuperStepDad
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24 Jan 15 #454445 by SuperStepDad
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I filed an anodyne and mushy Petition which she has not filed a reply to.

I made no mention of her criminal charges , crown court trial pending. Charges quite serious, possibly custodial post crown court trial.

I think I must put this down on the d80b. She did not tell me she had been charged (we went to a family function the night before and she made no mention of it!). Also she fell pregant by another man and went on to loose baby.

What are the consequences of the health section? I have been brought to my knees as a result of all of this and anti-depressants got me out of it and able to work.

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