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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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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My husband and I have been living separate months and

Customer Question

My husband and I have been living separate for 4 months and been married for 6. He got a lawyer to send me a letter which states he wants a divorce but as we've not been married a yr he can't get a divorce yet. But they want me to agree to the divorce and that I'd pay half of his filing costs. My understanding is that if he wants a divorce im not liable to pay anything. Please advise.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Your husband cannot issue a Petition until September when you have been married a year.
What you are being asked is to agree in advance that there will be a divorce - and to offer to pay half of the court fees
I suggest that you write back and say that provided you have a chance to approve the allegations and there is NO claim for costs then you will not defend the petition
You can offer the alternative that you divorce him for Unreasonable Behaviour and he pays ALL the costs involved!
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Clare nice to meet you

when you say approve the allegation do you mean agree with his claim of unreasonable behaviour?

So the alternative is that I divorce him due to his unreasonable behaviour and ask him to pay all costs? But do I need to get my own lawyer to do that or do I just respond to his letter?

Customer: replied 2 years ago.

Hi Clare nice to meet you



when you say approve the allegation do you mean agree with his claim of unreasonable behaviour?



So the alternative is that I divorce him due to his unreasonable behaviour and ask him to pay all costs? But do I need to get my own lawyer to do that or do I just respond to his letter?

Expert:  Clare replied 2 years ago.
Hi
Yes - they will have to tell you in advance what the Petition will say - and make any changes you ask for.
If he agrees that you should divorce him then it might be sensible to get a solicitor - but you do not need a solicitor to respond to the letter
Clare
Customer: replied 2 years ago.

Hi

So do I respond saying I agree with the divorce but at no cost to me?

If I do not agree to to the petition and ask for changes can they charge me?

Am I able to respond to the letter stating that I feel his behaviour has been unreasonable and why.

Do you know if I could get this annulled due to the fact that he desserted me without any support in Nov. Him and his parents. My Neurologist has referred me for therapy as all the stress he put me under was causing seizures which I never suffered or had any before I met him.

Expert:  Clare replied 2 years ago.
HI
I am sorry to have to ask - but had you had intercourse after the marriage?
Clare
Customer: replied 2 years ago.

Hi

its ok yes we did

Thanks

Expert:  Clare replied 2 years ago.
Hi
Then I am afraid you cannot have an annulment
You write and tell them that you will only agree the divorce if you can approve the allegations and there is no cost to you
Clare
Customer: replied 2 years ago.

Hi

ok thats annoying

I will respond with what you have said. but can I also say that I believe he had unreasonable behaviour on my letter back to them?

Can by law they will need to show me the allegations right?

Thanks

Christina

Expert:  Clare replied 2 years ago.
Hi
You can tell them whatever you wish!
They do need to show the allegations if they wish to be sure that you will not defend the petition
Clare
Customer: replied 2 years ago.

Hi

Ok great thanks, ***** ***** respond to them.

Thanks

Expert:  Clare replied 2 years ago.
Hi
Good luck I hope all goes well
Clare
Customer: replied 2 years ago.

thank you Clare I will contact you if I need more help.

Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare