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History: Home UK Divorce Forum
Topic:
Amending divorce petition to two year seperation (4 Posts)
Started By:
Date:
19 January, 2017 04:29PM
Amending divorce petition to two year seperation
skvash - 19 January, 2017 04:29PM
Hello

I applied for divorce in May 2016, which my husband wishes to defend as he does not agree with the reasons of unreasonable behavior ( He does not even want to deny them and move ahead) even though he agrees to the divorce.I have edited my statement of facts but unable to edit my statement of facts anymore because I want what happened during the marriage to stay in there and what contributed to divorce. There has been extensive communication between both parties lawyers but no movement. Bury St Edmunds sluggish timelines are not helping and every time they need some paperwork at least another month is added.My question is:

It will be 2 years since we have separated soon, can I change my petition to 2 year separation rather than unreasonable behavior simply for the reason that I do not have money to spend on a defended divorce trial . What will be the procedure? Will I still be the petitioner as he is respondent (He had also issued a cross petition which I am respondent to ) or can he start a fresh application based on the grounds of 2 year separation?
Re: Amending divorce petition to two year seperation
davidterry - 19 January, 2017 05:38PM
>>It will be 2 years since we have separated soon, can I change my petition to 2 year separation rather than unreasonable behavior

No, because you would not have been separated for two years at the date the petition was issued and that date cannot be changed retrospectively. You could have your existing petition dismissed and then issue another based on two years' separation but it would almost certainly be a mistake to do that. Apart from the additional cost it is reasonably clear would withhold his consent. he has been difficult so far. Leopards don't change their spots. If you must amend the petition amend it to strengthen your particulars of behaviour and call your husband's bluff. It is a mug's game to defend a divorce as your husband would quickly discover.
Re: Amending divorce petition to two year seperation
skvash - 19 January, 2017 10:34PM
Thanks, I understand but knowing him he might go ahead with the defended divorce because it would cause me pain and that's all he wants to do. All I want to do is move on but don't want to be bullied anymore. Without going into details I have amended the petition alot but he wants more amendments and I know how much I amend it - he will just not agree to it and keep dragging it. He claims that he does not have money to pay child maintenance but has money to spend on defended divorce. I very much want to go ahead with the defended divorce and present the facts to the judge.

What exactly is the procedure for defended divorce? From what i have understood so far, there will be a directions hearing in which judge will direct what evidence he needs etc which will be followed by a final hearing or could it go to multiple hearings?

I am able to present evidence of each and every statement of unreasonable behavior I have cited - would that be good enough for judge?

The timelines of Bury St Edmunds court are terrible, I know one cannot determine a exact timeline but could you suggest how long the judges take to set a directions hearing and then subsequent hearings?

Thanks
Re: Amending divorce petition to two year seperation
davidterry - 20 January, 2017 10:09AM
Do not amend the divorce petition except to strengthen it. You do not need to be controlled by your husband. You are divorcing him, not marrying him. People often talk about defending a divorce petition. Very few people are stupid enough to actually do it once the consequences have been explained to them. You need to front this out and tell him that if he defends the divorce you will be claiming costs from him and a court will almost certainly award them to you as well as giving you a divorce. Giving in to this type of blackmail is very rarely a good idea. it just encourages more of it.
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