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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.


Very confused about this!

  • jamieman
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01 Oct 12 #358762 by jamieman
Topic started by jamieman
ok so I am using wikivorce to divorce my wife,my wife commited adultery AFTER we had been living apart for over a year. (we were trying to work things out though)
The divorce firm told me I could not divorce under grounds of adultery as this was not the demise of the marriage as we had already seperated.
Where I am getting confused is the fact that on some other uk divorce sites its stating that it doesnt matter if you are seprated or not its still grounds for divorce.
Please note my wife is still with this guy.
does anyone know the actaul legal requirements regarding this confusion?
thanks

  • Action
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01 Oct 12 #358764 by Action
Reply from Action
I''m not absolutely sure but do know that it''s a complete waste of time divorcing her for adultery unless she will agree to it, there is a child from her new relationship or you have photos of them in the act. I think there is a time limit on how long you have known about the adultery (6 months rings a bell) and that after that period it is deemed that you have accepted the adultery and that is no longer a reason for you to not be together.

  • WhiteRose
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01 Oct 12 #358765 by WhiteRose
Reply from WhiteRose
What Action said.

Why not go with Unreasonable Behaviour (UB) as the cause of the marriage failing?

WR

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02 Oct 12 #358847 by jamieman
Reply from jamieman
thanks, anyone else got any knowledge on this please?

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02 Oct 12 #358853 by WhiteRose
Reply from WhiteRose
jamieman wrote:

thanks, anyone else got any knowledge on this please?


I wonder if no one else has responded because Action has pretty much said it all.

Look long term. You want a divorce, you don''t want to waste a fortune, file for UB and you will achieve this. Emotions can cloud judgements sometimes and although you feel wronged, divorcing under Adultery is time consuming and can be expensive (trying to prove it - if it isn''t admitted) so to move on quickly I would not waste money and effort on Adultery - save your money to sort out the finances.

WR

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02 Oct 12 #358855 by jamieman
Reply from jamieman
ok thanks, my wife said she wouldnt contest it, but my question is,will the court accept adultery AFTER we had already seperated?

  • dukey
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02 Oct 12 #358859 by dukey
Reply from dukey
Ok couple of things.

Wiki only use solicitors, real qualified solicitors, other sites who claim they can sort out a divorce for 10p don`t, they use so called expert case managers, and that means nothing, i could call myself an expert case manager, so could the guy i work with who hasn''t the faintest idea about family law.

Rather than rely on what you read on the net always rely on what a real solicitor has to say, wiki is lucky as many of its contributors have knowledge plus the site has a number of solicitors who post.

To answer your questions, the solicitor is absolutely right, you cannot use adultery after separation, but why;

There is only one ground for divorce in England and Wales, this is the irrevocable breakdown of the marriage, you show this with one of the five factors that can be used, adultery is one, but it is not the ground.

Your marriage broke down and you separated, why did this happen?, not due to her adultery after the fact, that came later.

If your confused.com give the wiki line a call, they can explain.

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