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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.


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Mutual agreement on unreasonable behavoiur

  • ukstu
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02 Feb 08 #12587 by ukstu
Topic started by ukstu
Hi
My wife and i are looking to divorce as quickly as possible.
We are not separated but we have lived together in hell for the sake of the kids for the past 5 years. (married 19 years, 3 older teenage kids)

I work and travel away every week. my wife has repeatedly asked me to spend time at home but I cant.
Can she divorce me on unreasonable behaviour if i admit that i purposly arrange business trips away to avoid being home?
Failing that, if i admit to having an affair with a random woman, can she use that - even if we cant find the woman as it was a one off on the road?

I know this sounds cold but we both agree that we have suffered enough and just want it over. We dont want to go through a further 2 years waiting while we are separated - mainly because we cant afford two mortgages / rents. We would rather just sell up, split the equity and move on.

Thanks

  • mike62
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02 Feb 08 #12589 by mike62
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If you are both fully in agreement and can resolve the finances amicably, who is to say when you separated? You could petition on 2 years no fault and get your divorce, provided that both parties were consensual.

Failing that, either Unreasonable Behaviour or Adultery could be used.

The reasons for UB need not be too contentious. Just has to show that the marriage has broken down irretrievably.

Best of luck

Mike

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02 Feb 08 #12590 by ukstu
Reply from ukstu
Dont we have to proove that we have been living apart for 2 years though?

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02 Feb 08 #12593 by mike62
Reply from mike62
It is between the two of you and the judge - nobody else needs to know.

There is no necessity to prove it, unless one or other party is not agreeing to the divorce

Mike

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02 Feb 08 #12615 by dukey
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Hello ub is your best bet if your wife can pen say 8 reasons verbal abbuse whatever you will have no problem best not to lie though whos to say someone could contact the court its an invention if you choose ad they will ask for a name and address and it could get needlesly complicated same will the 2 year seperation if you claim not to have lived together for two years and you have you will get court dureing disclosure, hope things work out go for ub you will be fine dukey

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02 Feb 08 #12625 by Josh2008
Reply from Josh2008
It sounds to me that as you are both in agreement to divorce then you have two options 2 year separation or unreasonable behavior

You can state in two year separation that whilst you have lived under the same roof, you have not cooked, washed, slept or done other household chores together

With UB either party can submit 'mild’ allegations as long as you agree who is to question it.

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