Wording of the petition + property

PaulAA_2

Pollycat wrote: »

I think a session with someone with legal experience may be the best money you have ever spent.

What kind of legal expert should I google for and is it for both of us or just myself? I get the feeling she does not exactly know what she wants, but her lawyers are giving her a lot of random thoughts that would only result in more fees.

Errata

PaulAA wrote: »

What's my best course of action to say that this part of petition is incorrect?



.

Ask your solicitor.

JoW123

PaulAA wrote: »

The petition from court has not arrived yet. I have seen the draft from the lawyers (all legal work charged to me at over 1.5G). I have requested changes, but no amended petition draft was sent to me.

Outside of the office hours we spend most of the time together - how would that be possible?

PS Once again, my mind fails to comprehend as to how this is a sign of a broken marriage.

So you have paid 1.5G for her solicitor to say you want to divorce her, yet you are asking a bunch of strangers on the internet for legal advice on at least 4 different threads. I think it's a wind up.

PaulAA_2

JoW123 wrote: »

So you have paid 1.5G for her solicitor to say you want to divorce her, yet you are asking a bunch of strangers on the internet for legal advice on at least 4 different threads. I think it's a wind up.

Thank you for your consideration. Believe what you wish, but please don't twist the facts. I have been invoiced for a petition where some facts are plain untrue, and other allegations are vague. What would you do?

I don't expect a qualified legal advice, but need to understand the most appropriate avenue to pursue.

4 different threads to lighten up the burden of reading tons of text. Should I keep all in one?

Mojisola

Why are you paying for her solicitor?

Errata

I have been invoiced for a petition

This gets curiouser and curiouser.

CP26

You probably just need a family law solicitor. Many do free half hour sessions so at least go for one of these.

Many couples do end up in the unfortunate situation of having to live together at least while they try to divorce - usually because neither party could afford to go it alone straight away, or because they would rather not leave a shared asset in the hands of the other party.

If you are still living together I believe a judge would want to see evidence that you are living separate lives. This can be tricky to prove but it would be things like having separate rooms, starting to separate your finances by closing joint accounts, demonstrating that you buy food separately, or showing that you no longer socialise with each other.

If you are still sleeping in the same bed, eating meals together and 'working' as a couple then it could be argued that you're still in a relationship. However proving this and preventing the divorce from happening is difficult - if she wants a divorce chances are she'll get it even if it take a while.

This is only my speculation though and based on snippets I came across during my own research - a solicitor can give you actual, real advice about your situation.

As for her divorcing you, living in the same house and then getting some kind of financial settlement in her favour. I'd be telling her to do one - she can't have it both ways. Either she wants to work on this relationship in which case she needs to halt the divorce and give it a real go, or she doesn't. If what you've said is all true (obviously we have one side of the story) then she's playing you in some way. Do you really want to be with someone who at the moment seems to be taking you for a ride?

Finally to address the you paying for her solicitor bits, you could be made to pay the costs of the divorce at the end of the process. The petitioner in their petition can ask that the respondent pay for the divorce and the judge can grant this. However I don't think you should be coughing up now. (Again just based on my own speculation) Either way you'll be using your joint pots of cash to pay for any legal work - yours or hers - so lengthy legal arguments just depletes the marital pot anyway.

PaulAA_2

Mojisola wrote: »

Why are you paying for her solicitor?

Should I scan that particular part of the form where her lawyer has ticked the box saying the petitioner pays for the service?

Part 10 (b) of the Prayer. "The Respondent shall be ordered to pay the cost of the application" and the amount + VAT.

I'm sorry, but I don't think the party that pays for the application is relevant at this stage, let's worry about that later. I'm concerned with the facts in the Prayer that are not true.

PaulAA_2

What proof can I supply that we still live together? I don't think these could be photos or videos. What else?

Mojisola

PaulAA wrote: »

Should I scan that particular part of the form where her lawyer has ticked the box saying the petitioner pays for the service?

Part 10 (b) of the Prayer. "The Respondent shall be ordered to pay the cost of the application" and the amount + VAT.

I'm sorry, but I don't think the party that pays for the application is relevant at this stage, let's worry about that later. I'm concerned with the facts in the Prayer that are not true.

You're paying for a solicitor who is trying to get the best deal for your wife and will also be paying for a solicitor for yourself?

You don't want the divorce - why are you going along with this? If your wife wants the divorce, let her be honest and say so in the paperwork.