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Topic:
Application for divorce - what to do? (3 Posts)
Started By:
Date:
18 October, 2017 05:54PM
Application for divorce - what to do?
lostsoul - 18 October, 2017 05:54PM
hi.
My "applied for divorce recently, we were separated for over 6 months now.
Reason for divorce is behaviour, she stated that:
- I have controlled her financially, that I was saying that money were mine as she was at home with kids - I think I can easy show that she is laying as bank statements for my account and for joint account would show that money were transferred to our joint account more less as my wages were coming in and I was paying off her credit card to clear the debt as we both were using it. Would that be enough?
- she stated that when I was angry I took her phone off her and cut off the internet to isolate her - I took her mobile of her as she gave it to our kids instead of an ipad I took away from them as they were arguing about it
- that I was aggressive and unkind after drinking alkohol
- my behaviour made her anxious and nervous most days
- when she did't want to have sex with me I was angry and unkind
- after separation she made police report accusing me of sending her spam, showing our video to friends and family as I had phone call from the police about it, but was told that she asked them not to get me arrested as I'm good dad and thinks like this, and she wanted them to give me warning. I have't done nothing about it as I did't know about her plans that she done it to report me only yo use it against me. I have never shown any videos to any family or friends and may have to go to the police station and file report against her for false accusations as she won't be able to prove it as nothing like that has happened.
What should I to now?
She also applied for financial order for her and kids, who would deal with financial order? as she also applied to CMS for child maintenance few weeks ago. Is CMS dealing with it or court would deal with it now, or should I let court know that she has applied to CMS for child maintenance?
What are her chances of getting any money from me for her as she is working part time since January and is on full benefits?
I can easy prove that she had access to al the money as there were a lot transfers between the joint and mine accounts.
others reason would relay on witness statements, I can imagine she would call to court as witness woman that she is working for and her friend. Woman that she is working for seen me few times in her life, other one many times as she was coming in quite often to see her. Not sure what my wife was telling her as they were friends so it was all secret.
Could you please help me ASAP as I have to deal with it. I do not agree with her reasons for divorce as I think this can have consequences, I can agree to divorce on grounds of consent, and don't agree with any financial orders for her to be made as I won't be paying her any money to have high life.
At what would court look as I have now own company and don't earn as much as I used to earn, if they are about to make any financial orders would my company and accountant have to be involved?
thanks for any help
Re: Application for divorce - what to do?
lostsoul - 18 October, 2017 06:01PM
also, why would I get divorce paperwork from the court 70 miles away? surely there must be court closer to deal with case like that in London?
Re: Application for divorce - what to do?
Andyk - 20 October, 2017 07:03AM
it looks like she is divorcing you using Unreasonable behaviour. Whilst you might not agree with what she has said if there is some element of truth in what she has said but just bigged it up then you may as well just let it go, it is not worth defending a divorce that she will almost certainly get and it will be a wasted cost for you. Just return the acknowledgement and say that you agree to the divorce but do not accept the allegations made against you.

She will probably have ticked all the boxes on the forms for financial remedy etc as that is what usually happens, whether she actually goes for that or not, it is just applying for it here so that it can be dismissed if she doesn't go for it, I think that if she doesn't tick the boxes she cant try and apply for it later.

You don't say how long you were married for but if there are dependent children then their needs will come before yours if your wife is their primary carer. You can forget about what you paid for and what she didnt, the starting point for a split would be 50/50 with your wife probably getting the majority if she is the primary carer for the children, unless there is enough in the pot to house you both.

You might agree child maintenance as part of your financial separation and if that is put into your court order then the Child Support Agency or whatever they are called will not need to be involved, you can however after 1 year apply to the CSA to pay their going rate.

The divorce will probably be being handled in Bury St Edmunds because divorce cases have been centralised into a few courts dotted around the country now, not at the court most local to where you live.
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