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Help - received divorce papers (7 Posts)
Started By:
24 January, 2018 03:57PM
Help - received divorce papers
fulltimedad - 24 January, 2018 03:57PM
Hi - i have received divorce papers in the post from my wife.

She has cited my behavior as being the reason. She has acknowledged to me that it isnt just me, and that it is her too - but on the petition, it says just me. She hasnt put anything that bad on the petition. However, i dont know if i should agree to it or not. I feel it is her behaviour if anything that would justify divorce, but she applied as she got funding to do so sad smiley

We have only been married 21 months, and she has been moved out for the last 9months.

Our 2 children live with me, but she is still receiving the benefits for them to contribute towards their childcare while i am in work, and she is in uni.

She has said she isnt asking for anything.

Any advice on what i should do? I only have 7 days to respond apparantly - so dont even know if i have time to get legal advice :-/
Re: Help - received divorce papers
fulltimedad - 24 January, 2018 04:14PM
I guess, in a way, what i specifically want help with, is - does me accepting the petition and signing it have any affect or bearing on what she and myself are entitled to?

Am i being naive to sign it if i dont agree?
Re: Help - received divorce papers
davidterry - 24 January, 2018 04:31PM
If the divorce petition claims costs you should not respond to it in any way - not to the court, to your wife, to her solicitor or anyone else - unless and until the subject of costs is agreed. And agreeing costs has to be done in without prejudice correspondence.

You need not worry about the 7 days referred to. Your wife cannot progress the divorce unless she can prove you have received it (and a court posting a divorce petition does not prove receipt) and your time for fling a defence (which is 28 days) has expired. You therefore have plenty of time to seek advice unless you have already unwisely responded to the petition.
Re: Help - received divorce papers
fulltimedad - 24 January, 2018 04:36PM
She has not put in the petition any costs etc that she wants. Does that mean she isnt asking for any? I wasnt sure if this was at a later stage.

If she hasnt asked for costs etc, in the petition, should i sign it?
Re: Help - received divorce papers
davidterry - 24 January, 2018 05:49PM
It will say at Part 10 (2) of the divorce petition whether she is claiming costs or not. You need to be quite sure before you respond.
Re: Help - received divorce papers
moonstar980 - 26 January, 2018 07:03AM
Terry please can you say more about agreeing costs first. I thought you couldn't miss the 7 day deadline for returning the petition. How do you do it in without prejudice correspondence. Thanks
Re: Help - received divorce papers
davidterry - 26 January, 2018 10:53AM
I think I have already explained the 7 day deadline. Without prejudice correspondence is used to discuss the subject of costs without the correspondence being used in order to prove that the divorce petition has been received.
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