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Solicitor didn''t send DP draft

  • dvsurvivalist
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03 Nov 15 #469010 by dvsurvivalist
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Hereshopin wrote:

Sending a draft Petition is the obvious (and one of the very few) ways to reduce conflict. There is no risk involved. I cannot understand why a member of resolution would encourage you not to send one. It is against everything they stand for. My ex''s solicitor did the same and sent me a nice headed letter with the resolution logo on. It''s baffling to me.


Likewise, I''m baffled too. I wasn''t told the solicitor was a Resolution member at the start. I only found out when I asked the solicitor to include a response to stbx''s denial of my DP statement of case, in the next letter. I was told as a Resolution member he felt he couldn''t do so as it might cause more friction. Like I said in my first post the friction had already been caused by not sending the draft before issue.

I''m sure in the majority of divorces, the thinking behind all that Resolution stand for are the way forward, but when you''re dealing with a manipulative, controlling, abusive man (ex) it almost plays into his hands sadly.

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03 Nov 15 #469011 by dvsurvivalist
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Kadafi wrote:

dvsurvivalist wrote:

That''s why I didn''t feel stbx was deserving of the courtesy of seeing the draft of the Petition, and if he''d wanted anything changed that would have felt like further abuse


Sorry I don''t see how wanting parts of the Petition changed accounts as abuse?


There are many forms of abuse. Physical, emotional, psychological, financial to name a few. I lived under the control of someone who dictated to me on a daily (sometimes hourly) basis, knowing if I didn''t comply with his demands I would be subjected to physical attacks, mind games, humiliation and more besides.

After finally being free from him and after being forced to remain silent for so long during the years of abuse, trust me when I say that having that person try to tell you to change your unreasonable behaviour reasons in your DP, would feel like continued abuse as it would be like he still had control over me telling the truth.

  • .Charles
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04 Nov 15 #469017 by .Charles
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Family Law Protocol is a guide based on what might be the best course of action in most cases.

However, if there is a history of violence or abuse or the proposed Petitioner believes that advance notice might be disadvantageous, the solicitor can move away from the protocol.

In this case it seems perfectly reasonable that the solicitor suggested that advance notice was not given and it seems to be the correct decision. Unfortunately the wires became crossed at some stage hence the current confusion.

I would explain to the solicitor the predicament and give instructions to pursue costs but with the proviso that if the costs are reduced as a result of the failure to follow protocol you will be seeking recompense.

I''ve seen the argument in relation to failure to follow protocol on many occasions and the simple response is that the contents of the Petition are 100% true and that as the Petitioner, you are entitled to petition on the grounds that you wish without recourse to the response who has caused the breakdown through unreasonable behaviour.

That argument would be difficult to counter by the respondent in court without sounding unreasonable which would prove the point.

Charles

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04 Nov 15 #469019 by Kadafi
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Charles

I believe both the Petitioner and respondent would have to appear at court at the degree Nisi stage to allow the judge to decide who will pay what costs? If the respondent was to prove that a reason given for unreasonable behaviour was untrue, would this mean the petitioner would have to pay there own costs? I say this because I am on the receiving end of not receiving a draft Petition, a couple of reasons against me I have evidence are not true.

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04 Nov 15 #469030 by Fiona
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The court will only hear evidence & make a judgement about allegations if they are defended & there is a contested trial. IF the Respondent agrees the marriage has broken down they can disagree with the allegations in the Acknowledgement of Service the divorce can be granted without going to trial.

There is a general court rule that the unsuccessful party to a court action pays the costs of the successful party which applies to divorce. That means unless it is agreed otherwise the Respondent to a UB Petition would normally be deemed unsuccessful and ordered to pay the Petitioner''s costs. With a defended divorce the unsuccessful party would pay costs. However the costs of defended divorces run into tens of thousands so defended divorces are rare.

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