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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I have received a draft petition for divorce. I will not

Customer Question

Hi, I have received a draft petition for divorce. I will not defend divorce but will disagree with the content. However my soon to be ex has checked that she expects me to cover costs and in the finance section has ticked all the boxes but none of the child related section. There are lots of errors in the petition (names, job titles etc). Should I challenge this stuff now before they send it to the court or deal with it then?
Are there ramifications in asking for main tench specifically for her and not for the children?
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - I assume that this is a Behaviour petition?
Has she made any allegations that involve violence to her or the children?
Clare
Customer: replied 2 years ago.

Hi,


Yes, grounds are unreasonable behaviour. No allegations of violence at all.


 


Thanks

Expert:  Clare replied 2 years ago.
Hi
I suspect that the lack of ticks on the Finances for child part is simply another error on their part.
At this stage make the amendments on the form in Red and send it back to them
At the same time tell them that whilst you do not admit the allegations you will not defend the matter PROVIDED that the claim for costs is removed - and that otherwise you will defend it vigorously.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi, solicitors have replied stating that their client has rejected to drop the claim for costs but is prepared to compromise by accepting a contribution to the sum of £500. If I agree and send a cheque for £500 then she will deal with costs appropriately.
Further to this I have been pushing for an agreement to mediate a financial settlement which I am yet to get an agreement on.
The total size of the asset pot is circa £50k. I would consider leaving her and children in house and cover mortgage if that was full extent of exposure

Please advise
Expert:  Clare replied 2 years ago.
Hi
It is entirely up to you.
You can accept the offer or refuse it - it is up to you
Clare
Customer: replied 2 years ago.
Hi, but where do I currently stand? If I plant my feet and refuse to compromise what is the likely outcome? Will the court take the view that I should pay? I am the respondent being forced to get a divorce that I didn't want so it seems so morally wrong that i should then have to pay her side as well!
Expert:  Clare replied 2 years ago.
HI
If you refuse then once the Petition is served you can defend it - which will also cost your ex more.
Alternatively you can say that you do not admit the allegations but will not defend them but will defend the costs - it will then be for the court to decide.
I note that your ex was threatening to move away - is that still a risk?
Clare
Customer: replied 2 years ago.

Hi Clare,


Unsure - I asked her solicitor to clarify the situation but had no response. I think she would like to, but she is close to her mother that lives approx 1 mile away from family home. If she did it would involve taking children away from all their extended family (both grandparents, all aunts, uncles, cousins etc) so I would try to prevent it.


I really don't want to pay her costs, the most I would live with is to counter offer £205 (half the petition) but I'd rather explore how I can avoid at all.


Thanks


 

Expert:  Clare replied 2 years ago.
Hi
Remind me ho wold the children are?
Clare
Customer: replied 2 years ago.
Aged 7& 3. Son has some learning difficulties

Thanks
Expert:  Clare replied 2 years ago.
Hi
In that case if she does try this again you need to make an immediate application for a Prohibited Steps Order to prevent any such move until the court decided whether or not the move is in the best interests of the child
You have an excellent chance of success
With regard to costs if you object to paying then say that the only basis on which you will not defend the divorce is if she does not claim costs
You should also offer to discuss the children and finance issues with your ex using Family mediation
Clare
Customer: replied 2 years ago.
Hi,

Have received confirmation that she is planning to relocate as suspected. There is no timescale given but it suggests either after house is sold or next scholastic year. She paints a terrible picture of me in the letter stating that I frequently do not return home or return very late etc all of which is completely unfounded. For the last two months we've agreed to keep out of each other's way whilst divorcing that is all.
Should I apply for this order now or wait until she tries to move. I have a feeling that divorce will not be amicable and that all assets will be churned up fighting over these details.
Thanks
Expert:  Clare replied 2 years ago.
Hi
With regard to the Costs issue make a final offer of half of the Petition fee and say that if she does not accept this then you will divorce her on the grounds of her Unreasonable Behaviour instead if she prefers.
Write back to the letter regarding the children pointing out that you have been trying to make things esier in the house and suggesting an immediate appointment with a Family mediator to deal with the issues of Children and Finances
It has to be said that if you move out sooner rather than later and establish a secure local base this could help matters
Clare

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