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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.

Wife is defending divorce what do I do?

  • adark
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  • New Member
13 Sep 12 #355721 by adark
Topic started by adark
I have applied to the court to divorce my wife on the grounds of a 5 year separation, I must explain that I split from her 5 years ago but had to move back into the property for financial reasons, i could no longer pay my rent and contribute towards the mortgage and she could no longer pay the mortgage. I slept in a separate room and as far as i was concerned we were separated .I must point out that my wife is an alcoholic, has attempted suicide and has been charged with common assault, for attacking me. We have a 12 year old daughter; however when i temporarily moved back in she was 8, the intention was to sell the house on my part, however my wife refused. Her drinking had got worse, her attempt on her life scared me and i was reluctant to leave my daughter on her own. Rather than drag up her violence, drinking and suicidal behaviour in court i.e divorce on the grounds of unreasonable behaviour i gave her the option to divorce on the grounds of 5 year separation, she has decided to defend the case saying we have only been separated 18 months however has not come back with a defence. I am not sure what to do next i am desperate to be divorced from her. Can anyone help?

  • soulruler
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13 Sep 12 #355723 by soulruler
Reply from soulruler
I think you must just state reasonably the reasons you state here and ask for a divorce on 5 year grounds.

Also what are you proposing to do about your daughter and is the assult documented with the Police?

Also can you prove when you moved out and moved back into the property, a sensible cronology of issues may be very useful to help both you, your daughter the courts and your stbx wife.

Also proof of your paying the mortgage and that you are keeping separate finances.

Details of the house to show that you are staying in separate rooms and leading separate lives.

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