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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35042
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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I have just received the following letter from my husbands

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I have just received the following letter from my husband's solicitor:
We have now had the opportunity of taking our client’s instructions and in respect of your proposal that you are prepared to amend the Particulars cited in your Petition. We understand that you are of the view to take this approach so that the divorce can proceed on an undefended basis.

Our client naturally feels that this is the most pragmatic approach, and it would avoid the need to defend proceedings as is our client’s intention. We would therefore put forward the following proposal:-

Firstly, you file an amended Petition based on our client’s unreasonable behaviour which will be agreed between you and our client and the Particulars being amended accordingly and removal of the allegations which currently stand in the fresh Petition. If you are prepared to accept this proposal our client is willing to pay the fee to you of £95 to file an amended Petition and this is on the understanding that an amended Petition will be filed within the next fourteen days and without any undue delay; or
You apply to the Court to withdraw your Petition on the understanding that you will file a Petition based on two years separation when that time arises and which we calculate to be the 28th November 2014; or
Alternatively, you withdraw your Petition and our client will reimburse you your fee of £410 by allowing for our client to file his Petition based on your unreasonable behaviour, where the Particulars will be agreed and with a view to that Petition being filed by our client within the next fourteen days.

If we do not hear from you by close of business on the 2nd December 2013 we will proceed to file our client’s Cross-Petition without any further recourse to you.

I am happy to amend but the Particulars have to be acceptable. He was abusive (physically and emotionally) to the children and I have also cited an attempted sexual assault on myself as part of the behaviour. This was never going to be pretty and while I know the protocol is to 'agree' particulars, it was important to me to state my own truth. I want to stick to my guns here - what is a judge likely to think if he makes suggestions which I then reject? Also, some advice on how to respond to this letter please.
Many thanks.
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
Are you willing to fight this through if need be?
Customer: replied 4 years ago.

Yes, I think so. He has tried to bully me in so many ways but once I was away from his daily influence and started to regain my own sense of self I am determined not to be pushed around or be complicit with his way of doing things.

Then I suggest that you write back something like
"Thank you for your letter.
It would appear that you have misunderstood my offer.
I am willing to amend the Petition to remove any allegations that your client finds particularly offensive, so that the matter can go through as simply as possible.
I am not prepared to withdraw the Petition completely - nor wait any longer form a divorce.
Given the involvement of the Police in the assault on xxxx I beleive this is a generous offer.
If your client wishes instead to file a Cross Petition then so be it - I shall defend the same and pursue my Petition AND the claim for costs - which is not precluded by my failure to follow the Protocol"
I am afraid that you are in for a fight - but sadly there is no option - please ask if you need further details
Clare and other Family Law Specialists are ready to help you