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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11549
Experience:  30 years as a practising solicitor.
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I have received a divorce petition from my estranged husband

Resolved Question:

Hello, I have received a divorce petition from my estranged husband of 17 years and he is looking to claim financial orders against me. I have already signed over my share of the marital home which he has retained since and I have a minute of agreement registered in Scotland where I was resident at the time which states neither of us has any claims over the others assets at any time in the future. I am now resident in England again. Will this cover me on any claims he now wants to make against me? Thanking you for your kind assistance.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

Thanks for your question. I would defend the divorce petition. Assuming your Minute of Agreement was in full and final settlement of all issues between you, that should be it, and it should be produced as part of the divorce as evidence refuting his claim. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Law
Satisfied Customers: 11549
Experience: 30 years as a practising solicitor.
JGM and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** *****
Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been an English Solicitor for more than 30 years

I suspect that what you are referring to is the Tick box part of the Petition relating to finances.

In fact this does NOT mean that he is actually making any claims - it merely makes it easier to dismiss any claims that you have on each other in a Clean Break Order ( the English equivalent of a Minute of Agreement)

You should on no account defend the divorce based on this issue - far from it - it is for your benefit

10 Oct 2016, 9:28 AM

Customer: replied 1 year ago.
Hi Clare. The letter from his solicitor states he is seeking to apply for a variety of financial orders. This relates to all the boxes ticked on the petition. Is this still the scenario you advised? Many thanks.
Expert:  Clare replied 1 year ago.

You still do not need to defend the divorce - it is in fact entirely separate from the financial settlement.

What you do is send a copy of the minute of agreement to his solicitors

Customer: replied 1 year ago.
Thank you Clare, really appreciated.
Kind regards
Stephanie