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History: Home UK Divorce Forum
Topic:
Received Divorce Petition with fabricated ground for divorce. (7 Posts)
Started By:
Date:
22 January, 2017 11:40PM
Received Divorce Petition with fabricated ground for divorce.
newcasa - 22 January, 2017 11:40PM
Hello guys,

I caught my wife cheating in January 2014, and again in March 2014 since then I lets her stay as we have two kids as I refused that she could take the kids and she chose to stay however she would make comment here and then that I should have let her go with the kids, She is not British but European and our kids and I are British if it even matters!

Anyhow she left the house about 6 months ago after we had an argument over simple thing and as if she was looking for an excuse and went to refuge and filed police report accusing me of controlling behaviour, emotional abuse and rape in marriage for the whole duration of it, now she made the same grounds for the divorce. The police did not charge me for anything and keep extending my bail, I have given them all the details and some evidences too to show she just made up the allegations. She won't let me see the kids even though the social services asked her that I can see the children unsupervised but she won't agree. she is friend with a McKenzie advisor who is controlling her as her pet project smiling smiley

My question if I response to the petition to disagree with ground for divorce can I submit my own petition citing her adultery as ground, Can I still claim it even though it was 3 years ago is there any time limit?

She has no solicitor representing but ask for me to pay the cost. and we still have child arrangement order application in court to be decided next month.

In short I do not want a divorce but I have not objection to divorce but do not agree with facts and it may give police the reason to charge me if I just go with the petition.

Thanks
Re: Received Divorce Petition with fabricated ground for divorce.
davidterry - 24 January, 2017 06:02PM
Bearing in mind the seriousness of the allegations made by your wife in her divorce petition this may be one of those rare cases where it would be sensible to file an Answer and lodge a Cross Petition. Hopefully those proceedings can then be compromised on the basis that you each pay your own costs and that no admission is made by either side. Ordinarily simply saying, 'I do not intend to defend the divorce but I do not admit the truth of the allegations made against me' would be sufficient. However, where the allegation is one of rape which you say is untrue it may well be prudent to go to the extent of formally filing an Answer and Cross Petition. If the allegation is untrue your wife will be unable to prove it and in this case even though divorce is civil rather than criminal in nature she would be held to a high standard of proof if she persists with the rape allegation.
Re: Received Divorce Petition with fabricated ground for divorce.
newcasa - 24 January, 2017 09:41PM
Thank you for your comments. I totally appreciate and agree with you.

I would file an answer by sending (D8B Answer to a divorce/dissolution/(judicial) separation or nullity petition)

To be prudent would it be beneficial if I start my own divorce proceedings on basis of irreconcilable differences just to keep the process dignified and ask the court to struck out her petition i.e can I ask for it at the hearing or when answering her petition?

Also how can I ensure that a clean break order is also issued with the divorce. ( I believe I would need a solicitor for clean break)

Thanks



Edited 1 time(s). Last edit at 24/01/2017 09:46PM by newcasa.
Re: Received Divorce Petition with fabricated ground for divorce.
davidterry - 25 January, 2017 09:51AM
There is a court fee payable for filing an Answer so if you are going to file an Answer make sure the court fee is paid. Many people think they are 'defending' a divorce when they say so on the Acknowledgement of Service but that is not sufficient. There is a separate form and there is a specific court fee payable. Also if a person does this they need also to issue a separate petition of their own (for which again there is a court fee payable). Unless this is done the issue is simply whether the petitioner should have a divorce or whether the Answer is sufficient to prevent it. Since filing a divorce petition is a pretty clear indication that the marriage is over the chances are high that a court would grant a divorce to the petitioner (perhaps disallowing some grounds but allowing others). To prevent this (and the costs consequences which would follow from it) it is necessary to issue your own petition as well as filing an Answer. Separate court fees are payable for each so this is quite a costly business.
Re: Received Divorce Petition with fabricated ground for divorce.
newcasa - 26 January, 2017 01:48PM
Thanks davidterry

Personally I do not want the divorce we have 2 kids and I am sure once we meet I may make her change her mind.

However if she insist I am happy to go ahead.

So I get that I can answer the petition by filing a answer and pay the fee.

Than file my own petition and pay the fee i.e I want the divorce stating my own grounds.

Is there anyway I can ask the court for mediation before accepting the divorce as we had no contact since she left the house and I am sure she is under peer pressure to got that far. [I am not worried about the costs involved at this stage]

Thanks



Edited 1 time(s). Last edit at 26/01/2017 01:49PM by newcasa.
Re: Received Divorce Petition with fabricated ground for divorce.
davidterry - 26 January, 2017 03:22PM
>>Is there anyway I can ask the court for mediation before accepting the divorce

No.
Re: Received Divorce Petition with fabricated ground for divorce.
newcasa - 27 January, 2017 10:11AM
Thanks again for your reply.

Just one thing I need clarification please.

I am going to file the answer and as you as sais
Quote

Also if a person does this they need also to issue a separate petition of their own
Unless this is done the issue is simply whether the petitioner should have a divorce or whether the Answer is sufficient to prevent it

Do I need to file my own petition if I say I agree with the Divorce but the reason given is fabricated and further explain in the answer form that the breakdown was actually to her adultery episodes 2 years ago, since we tried to reconcile the relationship however it did not work out and the reason given for the divorce are fabricated to hide the original issue.

Well it be enough to file an answer only or I must file my own petition too where I would only cite it as "irreconcilable differences" and unreasonable behaviour if further explanation needed.
We have 2 kids and I do not want any more quarrellings and I hope we can be on good terms to enjoy and respect our children custody arrangements.

Thank you
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