My wife is petitioning for divorce on the grounds of unreasonable behaviour.
We both accept the relationship has run its course and both agree that we feel strongly happiness could be sought elsewhere. She has agreed - in conversation - that she too has behaved unreasonably (I have hard evidence of the fact, though the incidents are many years old now).
My questions are, if I accept the petition, am I admitting blame? Does that compromise me when it comes to splitting assets? What impact might that have on maintenance payments? What impact would raising her unreasonable behaviour have on proceedings, aside from adding complexity and feuding?
- We own a property together that we are not living in currently as we moved location and are renting but derived income from renting our owned property.
- We have two children under the age of 10.
- My income and ability to earn is probably greater than hers.
- Her wealth level is greater than mine.
Not a legal professional, but a word of advice from experience.
Whilst you can accept the petition and the grounds in general, for peace of mind and clarity you may want to include a rider statement (and humbly ask the Court's leave to do so). In it, you can outline very briefly that you may not accept the specifics of a particular allegation (or allegations) relating to unreasonable behaviour.
I agree with citydad - the Courts shouldn't place any particular weight on the face of the petition. Plus if a divorce proceeding does make it to a full and final hearing, if memory serves correct, it won't be the same Judge who oversees the Financial Dispute Resolution hearing (FDR) which is the hearing before last.
Ultimately, these things should/will come up during proceedings (unless you end up agreeing to financial relief and other matters by consent) and you'll have an opportunity to put forward your perspective on the events that have past. The issue is these things are often used as bargaining chips later down the road when it comes to financial equity splits.
It's a shame the law hasn't progressed to the point of no-fault divorce in the UK as yet - it was discussed in parliament as recently as June, but not finalised yet! Just makes the whole divorce process more acrimonious than it needs to be, in my humble opinion.
Hi . As above really . I had the same chat with my solicitor . They just said you say you don’t agree with the allegations but accept the marriage is over so won’t disputes them officially . Mine petitioned on unreasonable behaviour but it’s kist a tick box exercise . Knowing what I know now I’ll tell you this much as my financial order took nearly 2 years to sort for what ever reason not least of all that there was no incentive for the ex to hurry it up .
Go get advise from a direct access barrister specialist in family court . Will cost you £500 . They’ll tell you what settlement will likely be awarded . Then negotiate around that . Length of marriage is a factor as well as needs etc. Nothing is formulaic apart from Cms .
Give the ex a reasonable time frame to respond to your offer . Discuss between yourselves . If it’s going nowhere apply to court . That way you have a date nailed down.
Also you’re not obliged to pay her costs although it may grease the wheel to do so . Depends on circumstance ..