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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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D10 query

Resolved Question:

When asked 'Do you defend the Divorce' in form D10, can the Respondent write

" NO, but the Petitioner has also played her part in the breakdown of this marriage due to_________________________________. However, I accept the marriage has broken down irretrievably and do not intend to oppose this Petition"

Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
and thanks question.
Can you give me a bit more information please?
Is the petitioner basing her petition on behaviour? Or if not, what?
(Have a look at Part 5, page 4 of the petition to see which "fact" she has ticked).
Is the petitioner claiming costs against you? (Have a a look at Part 10 on page 8 of the petition to see if she has ticked box (2))
It may be this evening before I can get back to - please bear with me...
Customer: replied 2 years ago.

Yes, the petition is based on Unreasonable Behaviour

No she is not claiming costs against me.

Thanks

Expert:  UKfamsol replied 2 years ago.
again. Thanks extra information and sorry delay in getting back to you.

Yes what you say is fine - or an alternative that I often use is as follows:-

"No - but I strenously deny the allegations made within the petition, and I reserve the right to defend myself against them if raised in any other proceedings".

I think you are absolutely right not to defend the petition - that's a waste of energy because in the end the divorce (ie the legal dissolution of the marriage) will be granted anyway.

But I word my sentence the way I do just in case the petitioner tries to raise the same allegations if there is any other dispute either in relation to property and finance associated with the divorce, or in relation to any children of the family. If either one of you were to apply to court to resolve either of these issues, it WOULD be worth defending yourself against the same allegations if raised again. That's why you state on the acknowledgement form that by not defending the petition you are not admitting to any of the allegations in it.

If the petitioner had made a claim against you, you then get asked the question "do you object to paying the costs", to which I usually reply
"Yes - because the breakdown of the marriage was at least as much the fault of the petitioner as mine" and/or "the petitiomner's income is x times as high as mine" (if that is the case...)

I hope this helps and I wish you the best of luck.

Thanks and best wishes...
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
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