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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare, I have petitioned which my wife received

Customer Question

Hi Clare, I have petitioned for divorce which my wife received 17th March. I heard nothing for a number of weeks and I have just found out that my wife was sitting on the paperwork as she didn't realise she had to return it. We have been seperated for nearly 5 years (in September). We had a solicitor draw up a deed of seperation that discussed financial matters. We agreed that I would pay half of the house which was legally arranged and completed. We agreed on a monthly amount that I pay her for the children although I do not pay a spousal maintenance. She has a long history of mental illnessand she is on a community treatment order with regular visits from CPNs. The medication she takes does not allow her to drive and initially she was on an incapacity benefit which I believe has stopped. My wife has said that she will fill in the divorce form but wants to see a solicitor first as we do not have an agreement on the children.
we have two children aged 15 and 10. Our daughter is in school and does not wish to talk to me as there is much negative talk about me between extended family members which has effected her badly, compounded with a difficult age.
I have a new partner and she has two children. I would like my youngest (son) to come and live with us before September to complete his year 6th in his old school (last year before secondary school). How do I get residency of my son if my wife and I don't get an agreement? Can my wife apply for more money from me even though there has been no changes to our circumstances? Becuase we have agreed on a deed of seperation is this a legal document or can she change her mind or even ask for more money as the value of the house has risen since I bought it? Who can apply for secondary schools as this is coming up very quickly and neither of us has been granted legal residency, however the kids are residing with her. Thanks
Submitted: 2 years ago.
Category: 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.
Which ground did you base the divorce on?
Clare
Customer: replied 2 years ago.
2 years apart. Breakdown of marriage.
Customer: replied 2 years ago.
Also, do I need to fill a statent of arrangements form?
Expert:  Clare replied 2 years ago.
Hi
Does the Separation Agreement include a clause confirming that she has to agree to a divorce after you have lived apart for two years?
Clare
Customer: replied 2 years ago.

I don't believe that it does. However, in reality we have been living apart since Sep 2010.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that without her agreement to the divorce then the current Petition will fail.
The two year separation ground does require the consent of the other party so if she will not agree then you will have to withdraw that Petition and wait until September to issue one based on the five year separation
If your 10 year old has been living with his mother for the last 5 years then you will need a very good reason for trying to change this.
At 10 his wishes will not be decisive - but if he wishes to remain with his mother and sister his wishes will only be ignored if there are safeguarding issues involved
Either of you can apply for a Secondary school place.
The Financial Agreement can be revisited - but it is unlikely that the Separation Agreement will be upset unless your ex had no legal advice when it was made
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok. She did get legal advice and they advised her not to sign but she agreed to sign. She does however have a history of long term depression so could argue that she was ill or signed under duress or pressure from me. Does this go in her favour or mine?

She has now returned the petition.

Expert:  Clare replied 2 years ago.
Hi
If the agreement is not in her favour then there is a risk that it will be overturned - but of course it may not be
Clare