help with divorce petition?

rpc

I would call the clerk at the court to ask about the 4 years / 5 years thing. They cannot offer legal advice or judgement, but they should be able to tell you what to do to acheive what you are asking. Tell them you don't want to defend against divorce, but the grounds for separation are incorrect and you don't know how to record that on the form.

Alternatively, you could probably just fill in that section and say that you defend it on the basis that you have only been seperated for 4 years, but that you consent to divorce based on 2 years separation (or do the same via letter to the court before you return the petition).

NAR

Two questions to need to ask yourself.
1. Do you want him back?
2. Have you strong objections to divorcing him?
If the answer to both is no then defending the divorce will cost you money, so just let it go ahead. (Subject to rpc's advice above regarding checking with the court regarding the 4 or 5 year separation)

I still think you need a solicitor to advise you regarding the Financial Consent Order, so that you don't lose out financially. Selling your shares and investing in a solicitor may be a good move. Do either of you have pension pots for instance, as they will be considered for potential splitting. Any debts of his will need to be proved as debts of the marriage, otherwise they are just his. There may be other financial issues your solicitor could help with, which is why I am advising employing one.

homealone_2

well that has all got my grey matter going into a spin, especially the bit about proving part of the debt outstanding as accrued as a part of the marriage. if this is the case i should have done that myself. things like an expensive wedding and a honeymoon in cancun. wedding rings, showing that prior to the split we had a joint banking account where everything went in and everything went out.................... would this info be any good? one other thing that really peed me off as i said earlier about him arriving with just a carrier bag. well he left here with an expensive matching set of luggage containing designer clothes, shoes and watches. well thats how he left without a care in the world, debt free. his expensive hobby that i thought i had cured him of came out again as within hours of walking out on me he had signed a hp agreement on a sports car which within a week he cashed in buying a more expensive one leaving him with a short fall and so on which was part of his debt when he met me at the time like a mug when his brother who had bought the car on finance through him. well they rowed and it ended up with me taking £8k from my savings so he could keep the caar. stupid things like me sending off monhtly payments that he didnt pay as his attitude is if i no longer live there i dont owe anything so i paid for his ex plate collection from a sunday mag. i will try and get an appintment and keep anyone still awake let them know the outcome and promise it will be shorter

RAS

Can you get the credit and debit card statements for the period of the marriage.

By the way this was a relatively short marriage so he may not get 50:50.

Also if you use the inheritance to pay of debts accrued during the marriage, he would not be able to touch you IMO.

homealone_2

thanks for your advice. i may not have had anything with his name on when we were married besides cheque book and working tax credit (which we have been told is a bout £5k so like a fool i am i have been paying my half and they have said if they cant get him to pay his half i am liable to pay) it but we had a joint account where our joint money went in and jointly came out. cost of our wedding came off cards and honeymoon in fact nearly everything came out. the fact that only a few days later i had to close the account as he was making withdrawals going into our overdraft. anyway i did in the end get a solicitor on board i would rather any money went in her pocket not his. she was from co-op legal team who can give you x amount of free advice. she agreed by me denying the divorce would nly nly delay the procedure but agreed it would mean less money in the account mean less money in account that he could apply for and tick bit that says i am opposing paying all his legal fees on the same 5 year ruling. once i receive a reply we will have a better picture of what it is in fact that he wants. i said that i am also getting inplants on teeth because for 8 years i have major problems and not being able to eat for that whole time unless mashed up i was scared i would get into trouble. that they might think i was deliberately getting this done to use up some of the money but she said no coud spend it on what ever i liked well i have filled the form in best i can and posted it and am to get back to solicitor when i hear anything