The advice I was given by 2 solicitors was to accept divorce with words along the lines of you don't accept what is written and reserve the right to contest it if used in other situations but agree to divorce.
It seems that contesting what is written is a pointless exercise that could be costly (if solicitors involved) and may achieve some degree of change or may not.
I would get this checked out of course as I don't pretend to be an expert - just passing on my personal experience.
He knows my funds are limited so has advised me to save what I have for the impending custody battle.
He's a nice guy and very knowledgeable but sometimes I wish he would be as ferocious as my ex's solicitor.
My wife is playing the "he's a madman who will kill me if I come near him" card for both the injunction and divorce.
- The injunction was up held based on a argument between us she recorded where I threatened her not to take my son - but the judge admitted I was clearly set up and wound up to behave that way and despite my distress I did not once resort to violence, contradicting my wife's claim im a "punch first and talk later" thug. However since I made the threat that my wife will "regret taking my son" she had to maintain injunction but with no facts of finding.
- she is using the same "madman" with violent lie/ argument for divorce. Solicitor said that although I can fight it since it's more than likeIy she will use recording again is better just to agree to divorce but write on response statement "I agree to divorce but not allegations"
Now all that is left is the contact hearing. Since day one my wife's has maintained she wants me to have a relationship with son. However despite all this she has persisted with the "he's a madman" card. My solicitor thinks law of averages states she'll use it again at contact hearing.
However, she has made no allegations about me and son. She has always maintained that I can see him. So if we're not together her claim that I will be a "madman" when around her is irrelevant. I'll fight until the bitter end for this one. I'll go for finding of fact hearing. She can use the tape - yea I made a threat but it was heat of the moment but the tape also proves I'm not a thug. I just rant when I'm around her. No her, no ranting.