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I've been crossed petitioned, how do I reply?

  • beckster2
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03 Dec 07 #8354 by beckster2
Topic started by beckster2
my x2b has cross petitioned me because I haven't proceeded quickly enough with the divorce for adultery for him!! The accusations are only minor one's but are lies and I can prove it. Doesn't he have to prove the accusations?

I'll be representing myself,I want to contest it, what grounds can i use to object costs for the proceedings? What advice can anyone give me please?

B x

  • loobyloo
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04 Dec 07 #8372 by loobyloo
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HI
When we attended court for interim maintainance we requested the nisi from the dj
He said (im petitioner) as not contested its taken as proof of facts petitoned on papers, so yes in answer i think he will have to prove anything if contested by yourself
however if you want divorce it would be more cost effective to go with it , save money for financial matters thats the dear bit!!! and bear in mind unless gross behaviour and i mean gross .... no dj is interested at financial hearings as to who did what ..good luck
looby

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04 Dec 07 #8376 by attilladahun
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Usually where someone Petitions coz of delay the other party seeks to dismiss the Petn for want of prosecution seeking costs....often before the summons is heard the party petitioning will get on with it and some agreement as to the costs of tha application is agreed.

Here the ex has taken the unusual step of filing an answer which would have costs hima a serious Court fees.

What is his beef...the fact you have sought costs or the delay,

It may be that he is under pressure from his new girlfriend to move on relationship which may indirectly help you in finances.

When an answer is filed the other party can apply to dismiss petn or cross petition seek a divorce on other grounds..seems to be the case here-

I suspect he is seeking a divorce on unreasonable behaviour poss the reason behind this is he claims the adultery was not the real cause for the mrge breakdown.

As Looby rightly says the Crt isn't interested a fig so you both actually need a D/N asap coz until a D/N the Crt isn't capable of making some orders eg Lump Sum or property Adjustment Order.

Tactic

Agree Cross decrees asap
You may tactically have to agree no order for costs

The price to pay for delay!!

"I wan't to contest it"
Sadly Becks the Court really doesn't have time to hear the finer details of ailing marriages and so District Judges look at the bigger picture and will put you under great pressure to resolve the divorce suit.

Defended proceedings can be justified only if some very serious allegations re Children or would likely affect £ settlement. As cases involving conduct as so rare now it doesn't seem to be that sort of case.
Remember that if you say in a letter to other side you rserve your position to deny any of the detailed allegations even tho you are not defending that should do the trick..

Technically a party does have to satisfy the Court of the accusations -test is a SUBJECTIVE not objective test

The likely cost of defended proceedings cannot in 99% of cases be justified.

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05 Dec 07 #8519 by beckster2
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Hi Atilla

Thanks for the advice. I'm sure you are right, he's being pressured to get a divorce, he asked for one within weeks of leaving, every email or text says how's the divorce proceeding!! I started the proceedings cause of pressure from my sols, it was only weeks after the cheating git had left, I finally said I wasn't ready to carry on hence x2b doing the cross petition.

x2b is also an accountant and is concerned about house payments, pensions etc. Am I right in assuming that the pension entitlement on my behalf will only be relevant up to the date he left?

Cheers
Becky x

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05 Dec 07 #8520 by beckster2
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Hi looby

thanks for the advice, I'm sure he's very concerned about the costs, he's sent me a text askihng me what I want to settle the divorce. As an accountant he doesn't like spending money!! His solicitor must be costing him dear unlike me, I'm self representing at the moment.

Becky x

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05 Dec 07 #8529 by attilladahun
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Am I right in assuming that the pension en­title­ment on my behalf will only be relevant up to the date he left?

Yep

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