My husband has filed for a divorce but lied on the application form

[skyline208]

My husband and I have been separated for 3 years, however the first of those 3 years we were still living together ( but in separate rooms). I recently received the divorce papers and he knowingly lied. He stated that we were separated for 5 years (since August 2013) and has therefore filed under the 5 year separation grounds. I didn't receive an acknowledgment of service form within the pack ( which I thought I would have received) so I cannot respond. He has also stated on the form that I should be ordered to pay the cost of the application, which i will absolutely defend. I do not have an issue with going ahead with the divorce but not under these false grounds he's alleging. The papers were issued by Bury St Edmunds. I'm not sure what to do next.

I'd Send them back , unsigned with a note explaining why .

Did they come from the court in Bury St Edmunds ?

Five years separation means you get a divorce like it or not do you have proof you still lived together?

Do you want to divorce him OP? I can understand you wanting to say no to costs but if you actually want to get divorced, is it worth arguing over?

Oddcat, yes the paperwork came from Bury St Edmunds.

Yes, I have proof that we still lived together.

JiltedJohnsJulie, yes i do want to divorce him. Its definitely not worth arguing over, however we had applied for him to get his indefinite leave to remain in 2014 so it will look like i lied on that application form if he's stating we have been separated for 5 years. That might not matter now, but I just don't want that issue to come back on me.

What's the reason that you don't want to sign ? Is it just because it's false ? Like a pp said , it doesn't really matter at this stage , I know someone who agreed to put they'd had an affair (they hadn't ) on divorce papers , no one will see them anyway .

Cross post - in that case I wouldn't t sign them.

Just reply saying he is mistaken as to the date but that you consent to the divorce being granted on the basis of two years separation with consent and do not agree to pay the costs. Also state that you have not received an Anknowledgment of service. Also make sure you get a financial order even if no assest etc now to.prevent a claim down the line.

Oddcat, yes the reason I don't want to sign is because its false. There's also nothing on the form for me to sign as i didn't receive an acknowledgement of service form in the paperwork. I was thinking of just downloading one and sending it, but I don't know if that is allowed. Also I'm not sure what to do about the cost issue.

@skyline208 I absolutely second what ReservoirDogs said. Return it with a covering letter, saying exactly that about the date and costs.

I too would be concerned at you signing divorce papers without a financial agreement. This is assuming you have any sort of joint assets? I would consider seeing a solicitor. Your situation appears to be simple but be absolutely sure of what you're doing before you do it so that there are no ramifications for you later on.

Thanks all, really appreciate the advice. I'll definitely return the paperwork with a letter explaining the situation. I'll also look into a financial order.

We currently don't have joint assets but we both own a property each separately.

Do exactly what Reservoir says OP. Then see a Solicitor about getting a financial order and the costs straight away, especially as you both have homes of your own. You need to protect yours.

I agree don't sign it because it is false and could implicate you in falsehoods with other things you said, like leave to remain applications.

If it doesn't affect anything else pick your battles and go with whatever is simplest.

As long as you are married you have a claim on his property and liability for his debts and vice versa so even if your finances are separate they're not in the eyes of the law. Might be worth getting advice on that, even if you expect things to be straightforward.

You need to see a solicitor . As others have said with your consent he can file for divorce after two years separation . Your posts suggests your relationship effectively broke up three years ago although you lived in the same house but 'separately ' for the first year of that . With regard to the leave to remain thing in 2014 it would seem you made a decision to separate the following year 2015 .
You said you had signed his papers to remain whatever that means in 2014 .
As he can file for divorce with your consent after two years apart I see no reason why you should pay his costs etc . There are red flags here and I strongly advise you seek legal advice . Bear in mind when you marry someone all assets are generally regarded as joint assets 50:50 so you'll need legal advice on financial issues and possibly for him there may be wiser immigration issues ( am not a practising lawyer so have no idea on their one ) . But you quite rightly state if he's petitioning on the basis you've been separated for five years ie since 2013 and you supported his right to remain in 2014 that won't add up will it ? Be careful and get a solicitor