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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 846
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband left me in May last year reason. I've

Resolved Question:

Hi my husband left me in May last year for no reason. I've tried calling his friends family my friends and family shariah Islamic council and priest of mosque to help me reconcile my marriage. He is not interested. We both slept with each other on mutual
grounds but unfortunately in April this year he taped me. I reported this but due to insufficient evidence the case closed, I requested for them to look at it again but this is a closed matter. I was then trying to call him, as he had blocked me I was still
trying on one occasion I called him around 50 times. He has now reported me as harassing him I went into custody and currently on bail. I have also received a divorce which I am not willing to sign. I want to mediate and I would like to reconcile. Please advise
me what I can do?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about your difficulties. If you wish to defend the divorce proceedings brought by your husband then you have strict time deadlines to follow.
To disagree with the divorce petition fill in the acknowledgment of service form and return it within 8 days of you receiving the divorce papers. Fill in the part that says you’re defending the divorce.
The court will send copies to your husband.
After you return the form, you have up to 21 days to say why you are defending the divorce. This is called ‘giving an answer’.
To do this, fill in the answer to a divorce petition. On this form: D8b
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2651
You may have to pay a £245 court fee.
The matter will likely be listed for a contested hearing and you will likely have to give evidence.
Kind Regards
Caroline
Please remember to rate positively.
Customer: replied 1 year ago.
If I don't defend the I fill in saying no. I deny allegations in the petitionI am currently recently in receipt of CSA from my ex husband, nothing more but can I apply spousal maintenance from my present husband divorcing me during this stage of divorce.
Customer: replied 1 year ago.
I deny .... And attach my point of view with the form ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If you do not seek to defend the divorce petition - then you can complete the Acknowledgment of Service Form confirming that you do not seek to defend but that you deny the allegations and reserve your right to defend such allegations if they are used in any other proceedings.
You can seek to make a claim in respect of the Matrimonial Finances to include a claim for spousal maintenance.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc.
The court would also consider the future housing needs of any children.
You should consider making a referral to a specialist mediation service.They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. The court will not approve or make an order unless decree nisi has been obtained in divorce proceedings.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
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