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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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Do I have to wait for my share of money?

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18 Mar 08 #17123 by rainy
Topic started by rainy
Please can someone give me urgent advice on the following:

I would like to divorce my husband who is a strict Catholic -I know he will not divorce me because of his beliefs. My sol said it could take as long as five years. Can the monies, properties be sorted before the five years?

Has anyone else been in my situation?

How easy is it to divorce a Catholic?

Many thanks.
Rainy:(

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18 Mar 08 #17124 by wedstart
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Hi Rainy
I believe you can divorce him after 2 years if you can prove you have been separated for that period.
I am currently waiting for this time to pass !!
Surely if he is a catholic and is in your opinion not likely to want to divorce you, this should not stop you wanting to divorce him ?
A useful website is divorceonline.com- very useful esp the FAQ section

Good luck

B)

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18 Mar 08 #17128 by Ephelia
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As I understand it you can only divorce after two years separation IF your husband agrees - I assume you mention he is a strict catholic because that means his religious beliefs mean he won't consent. If he won't consent then you have to wait 5 years.

Can you try and divorce him for unreasonable behaviour? He could fight it but you still might succeed.

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19 Mar 08 #17189 by rainy
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Hi Ephelia,
Thanks for your much appreciate reply.

No i cant divorce him on the grounds of unreasonable behaviour because he is not a bad husband - im not in love with him anymore. My sol did mention this -but its not an option. Im down cos i dont want to wait for 5 years - thats to so so long!!!!

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19 Mar 08 #17190 by rainy
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Hi - thanks for your much appreciated reply.

I have no grounds for divorcing him?

I will try the website you have sent me - cheers. Rainy

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19 Mar 08 #17191 by Ephelia
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It depends what you think counts as 'unreasonable behaviour'; it doesn't just mean terrible things like he beats you or is drunk all the time, it can be an accumulation of lots of little things. There must be some reason you don't love him any more, people don't fall out of love for no reason whatsoever. I'd write down why you don't love him any more and ask your solicitor if there is grounds within that.

The main reason a divorce is granted is that a marriage has broken down irretrievably, my impression is that judges are reluctant to force people to stay married without very good reason and if you've gone to the trouble of suing for divorce on the grounds of unreasonable behaviour your marriage has clearly broken down, so meets the criteria. What experience have other people had? This is the argument given to us by our solicitor regarding this matter and it would be interesting to know if this is what's happening in reality.

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