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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
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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Good evening I have big problem by my divorce, I applied because

Customer Question

Good evening
I have big problem by my divorce, I applied because I not loving my husband, we are separated 9 months and I have other relationship. My husband agree for divorce already but the coiurt always sending back my petition by this is not reason for divorce and I have to prove my husband have someone in his life. I don't know his have or not but I HAVE ALREADY AND I want to divorce. Please help me what can I write to the court for accept my divorce petition?
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 be clear - you have used the Unreasonable Behaviour ground - is that correct?
Clare
Customer: replied 1 year ago.

yes

Expert:  Clare replied 1 year ago.
Hi
What kind of things did your ex do that annoyed you when you lived together?
Clare
Customer: replied 1 year ago.

I wrote to my petition: -

-I not loving my husband! I asked him for move out from ours home on 16.10.2014. we are separated from that date. I am in the new relationship.

Reply from the court :

-part 6: I need proof of your husband's bad behavior. Simple stating that you not love him to leave is insufficient evidence.

i don't know how can I proof it?

That is not reason for divorce,

I am in new relationship already?

I have my new man in my life?

Help me please, what can I do for continue my divorce?

Me and my boyfriend want to live together.

Customer: replied 1 year ago.

He not really did anything, when I told him, I not love him, we are slept in separated rooms, we not talk, no slept together, not eat together, we not did nothing together for a months before I asked him for move out the house 8 months ago

Expert:  Clare replied 1 year ago.
Hi
That would be a reason for your ex to divorce YOU it is not a reason for you to divorce him.
You need to set out a short list of three or four things that your ex did which made you fall out of love with him - that is what the court is asking for.
If you are able to think of these you will need to ask for permission to amend the Petition and put the new details in.
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

So advice me please, what I have to write to the petition for reason?

Like:

-when I told him, I have other man in my life, he refuge sexual contact with me, because I have sex with other?

-He always quarrel because he know his is not a one in my life?

-He moved out from the house and 8 months no contact with him?

-We had not live family life anymore when he know I have a new relation?

Or what can I write for reason?

Customer: replied 1 year ago.

Can you advice me what i have to write for my reasons for continue my divorce? My husband agree for divorce but he don't want to send petition, he said if I apply he will accept it.

you still with me?

Customer: replied 1 year ago.

So advice me please, what I have to write to the petition for reason?


Like:


-when I told him, I have other man in my life, he refuge sexual contact with me, because I have sex with other?


-He always quarrel because he know his is not a one in my life?


-He moved out from the house and 8 months no contact with him?


-We had not live family life anymore when he know I have a new relation?


Or what can I write for reason?

Expert:  Clare replied 1 year ago.
Hi
Right
You must not refer to what you have done so
" In the last months we lived together the respondent refused to have sexual relations with me making me very unhappy
In the last months we lived together the Respondent repeatedly caused arguments causing me distress
In or about xxxx the respondent left the matrimonial home and refused to retrun
Clare
Customer: replied 1 year ago.

If I wanna send my petition by adultery reason I have to send the D8 form only or I have to send the D8a too?

Expert:  Clare replied 1 year ago.
Hi
Will you ex admit to having committed adultery?
Clare
Customer: replied 1 year ago.

yes and he sent me a lot pictures where he and his girlfriend together

Expert:  Clare replied 1 year ago.
Hi
Will he confirm that in writing?
Clare
Customer: replied 1 year ago.

Yes. I got one letter from him. He wrote he was cheated me and still have the relationship with her

Customer: replied 1 year ago.

Yes, He said if he get letter from the court he will confirm it he did and still doing adultery

Expert:  Clare replied 1 year ago.
Hi
You do not need to use the D 8 a unless you wish to do so.
You will need a D11 to request permission to amend the partition
Clare

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