Divorce Reasons

dannyrst

Looking for some help. Divorce papers have arrived today, which was expected, but the reasons listed for divorce are lies with key omissions and full blame placed on the recipient.

Is there any point fighting the reasons? The receiver of the papers is happy to proceed with the divorce but not happy about the reasons noted. Can these be used against the recipient in any decisions around the split of assets / equity?

The papers state a financial order is being submitted too, but no mediation has taken place or discussed (last conversation between both parties ended in a general agreement as to split of assets)? The financial order also mentions about children but the youngest is 29?

Going to discuss with a solicitor on Monday but wanted to get an understanding of what is going on before that meeting ideally.

Thanks

jackieblack

The reasons are pretty irrelevant if they agree with the divorce. No-one else outside of the divorcing couple, their solicitors (if applicable) and the court is going to see them - the divorce petition is not a public document.
What one person perceives as a lie could be truth from the other party’s perspective.
Why create unnecessary stress 🤷🏻‍♀️

tacpot12

This is quite common. The reasons for divorce have to amount to an irrevocable breakdown of the relationship. Many couple find that they need to overstate the reasons for divorce to meet this requirement. If you know that resisting the divorce is just going to make matters worse, it would be best to accept them for what they are - a means to an end. It won't affect the decisions on the split of assets.

I'm not sure why the financial order would mention children if no child maintenance is necessary. You should ask the solicitor to explain anything that you haven't found an answer to by Monday. 

Free Divorce Advice | Solicitor Divorce only £179 | Divorce and Separation Support (wikivorce.com) or its forum might be able to answer this question better than I can.

sassyblue

I work for a divorce lawyer (though recuperating after an op) so hopefully can answer some questions....

very, very few divorces are contested these days. The statement of case is to convince a judge the marriage has irretrievably broken down but as the above poster says, it’s a private document and no one else will know what it says. What it can be used for is to make your friend pay the costs of the divorce (the Court Petition fee £550 plus the petitioner's solicitors fees for the costs of the divorce only, probably between £750-£1,000).  The cost to resolve any issues surrounding finances or children will be charged at the Solicitor's hourly rate and payable by the Petitioner as your friend's solicitor's fees would be if she uses any, her divorce costs as the Respondent would be half the Petitioner's.  In any case the costs of divorce can be equally split or at least negotiated.

Your friend can ask for the particulars to be amended unless the Petition has already been issued by the Court, you haven’t clarified this.  If they have been sent by a Solicitor then they are asking your friend to agree to it before it’s issued at the court and they will advise you to seek your own independent advice.  Once the Petition is issued your friend (or any solicitor she appoints) will be sent an acknowledgment of service form where they acknowledge receipt of the divorce and on that document they can say they don’t agree with the statement of case in the divorce but they agree the marriage has irretrievably Broken down and wish to be divorced. They also state something like they reserve the right to defend themselves in court should the petitioner use the particulars of divorce against them to obtain a higher settlement.

If they contest the divorce a judge will arrange a short hearing that both parties have to attend.  The judge then decides if one or both divorce petitions proceed, if both proceed then both parties will be the petitioner with the higher costs of divorce to pay.


in the divorce application the financial order box is ticked as that will provide for a Consent Order at the end of the divorce, this provides a clean break for both parties in the future as well as in death.  I don’t know why the children box is ticked in this case, probably a mistake.  The consent order will contain all the details of how property and assets will be split, any spousal maintenance, and pension sharing orders.... the list of matters to be resolved is almost endless as everyone's circumstances and assets differ.

Once the divorce papers are issued by the court and the respondent agrees to them by returning their acknowledgment of service the parties will commence negotiations as to the division of assets and if they cannot agree between them they can attend Mediation.  If there has been any violence or threatening and intimidating behaviour by one party, the other can decide mediation is not suitable and Solicitors will then negotiate.

once everything's agreed the consent order will be drawn up but it’s not signed or sent to the court near the end of the divorce.

hope that helps.

ZaSa1418

When my friend got divorced she put the most ridiculous reasons and her husband agreed to the divorce but wanted it noted they were both at fault in the breakdown of the marriage and the judge was happy with that. 

Penguin_

My ex wife put that I was having an affair as the reason for the divorce but when I asked her who with she said she knew I wasn't having one but put it in there out of anger.... needless to say it was removed.