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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.

Unreasonable behaviour

  • Wunderwoman34
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  • New Member
16 Jun 21 #517008 by Wunderwoman34
Topic started by Wunderwoman34
Hi, my husband and I are now separated - separated at Christmas, he moved out just over 2 months ago. We want to ultimately divorce and I'm waiting for the no-fault divorce to become law, hopefully at the end of the year. But recently, I 've been thinking of starting things earlier, but I know to do this, I need to cite unreasonable behaviour which I'm uncertain of because I initiated the separation for a number of reasons. How many reasons do I need to cite for unreasonable behaviour, and how do we go about this to ensure we remain amicable? Or should I just be patient and wait for the no-fault bill? Neither of us want to wait for the 2 year separation period before starting proceedings. Thank you.

  • rubytuesday
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18 Jun 21 #517019 by rubytuesday
Reply from rubytuesday
For behaviour, you will need to give:
• details of a course of conduct, or, particular incidents, including dates, but it should not be necessary to give more than about half a dozen examples of the more serious incidents, including the most recent. Evidence is not normally required.

You will need 5 or 6 differing examples of the Respondent’s unreasonable behaviour that occurred during the last six months of you having lived together as spouses. Where the behaviour has been ongoing for a bit longer than 6 months, wite "during the latter stages of the marriage". Each example must be separate and demonstrate a different behaviour. The most important factor is that you personally find whatever the behaviour is to be unreasonable and that you can''t not be expected to remain in the marriage.
Write each examples as follows:

A short de­­­­­­­script­­­­­­­ion of behaviour, a dated specific example (these are missing from your draft) , and how this made you feel.

After you have drafted your examples, finish with this wording:

“The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.”

Unreasonable behaviour can be just about anything - from violent and abusive conduct to leaving the toilet seat up. The most commonly used examples are:
Lack of an intimate relationship
Lack of communication
Lack of a shared social life
Lack of emotional support
The Respondent engaging in a hobby that takes him./her away from the marriage too often
Working too much
and so on.

The new divorce laws are not scheduled to come into effect until April next year - divorce.wikivorce.com/advice/discuss-any...e-delayed-until-2022

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