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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.


Affair / unreasonable when she is having

  • AwaitingDivorce
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13 Oct 12 #360727 by AwaitingDivorce
Topic started by AwaitingDivorce
I have found out my wife is having an affair - does this make a difference to my divorce. Currently she is divorcing me on unreasonable behavior... but the real reason she is seeing and old boyfriend from 17years ago.

She started the divorce 12weeks ago, after she got in contact with him

Do i now divorce her on adultrey

  • rubytuesday
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13 Oct 12 #360729 by rubytuesday
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Unless you have proof (and by proof I mean intimate photos or a pregnancy/child as a result of the affair) or she is willing to sign a divorce petion on the grounds of adultery, there is little point in issuing one.

If she has already petitioned you, then for you to issue an opposing one is known as cross-petitioning. The judge would read both petitions and decide which one, if any, will stand.

If she petitioned you 12 weeks ago, then I am assuming that you have at least completed and returned your acknowledgement of service?

The grounds for divorce as cited on the Petition don''t make a difference to the divorce as they are there to demonstrate to the Judge that the marraige has irretrievably broken down, which is the only legal reason for granting a divorce.

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16 Oct 12 #361197 by AwaitingDivorce
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Still waiting for the paperwork - i rang the court they have received her petetion

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16 Oct 12 #361249 by WhiteRose
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The ultimate goal is the divorce and the who divorces who becomes irrelevant.

That said, if she petitions on UB she could request a Costs Order - this means she could ask the court for you to pay not only yours, but her legal and court costs.

You could let your stbx know that you will not contest or cross Petition as long as there is no costs order and you each pay your own costs.

Try to sort this out before the Petition gets issued to you - if you receive the Petition check for a Costs Order before you sign anything.

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23 Oct 12 #362434 by AwaitingDivorce
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My spouse attacked me causing physical injry - then invites me to tea to be good friends??? What do I do next?

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23 Oct 12 #362458 by Now Gone From Wiki
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Hi AD

Depends on what you want to achieve. If you fear for your safety then you can apply for a non-molestation order.

If you provide some additional information such as whether there are kids involved and what the living arrangements are plus what you want to do about the assault then it will help.

I assume you''ve got the injury logged somewhere such as at a GP surgery, independent witness or police record?

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25 Oct 12 #362871 by AwaitingDivorce
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Looged the ingury - spoke to my solictior - she advised me just to sign the divorce and get her out my life, cut contact as much as poss

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