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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Should I defend the petition?

5 replies

LetBartlettBeBartlett · 15/01/2019 18:15

Completely appreciate I sneed to seek professional legal advice but after some initial thoughts too if you are able?

Husband walked out on me and our young child 6 months ago, out of the blue. I have just received a petition from STBXH and he is claiming unreasonable behaviour on my behalf (ha!)

When he first left I asked him to try counselling/mediation but he was convinced it is over. After the way he has treated me these last few months I have no desire to remain married to him, however I fundamentally disagree with his claims on the petition.

My question is whether, on this basis, I should defend? If I accept blame for the collapse of the marriage, will it affect anything further down the line? ie custody and or finances? Will I be liable for the debt her claims to have accrued in the period since he left? Can I say I won’t defend but I disagree with the statements? Is this an option? I fear I am a bit upset and probably morning thinking straight.

Thanks in advance.

OP posts:
LetBartlettBeBartlett · 15/01/2019 18:16

Apologies for typos up there

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waterSpider · 15/01/2019 22:07

In theory you can defend -- see the Tini Owens case from last year www.bbc.co.uk/news/uk-england-hereford-worcester-44949856 . But usually costly.

Oher options - say that you will divorce him ('cross petition'); or, as you say, agree the marriage is broken but deny the specifics.

In most cases, won't affect financial division or child arrangements.

ahitsallbollocks · 15/01/2019 23:21

My understanding is that you can

  1. defend the reasons but there is little point as the court takes the view that if one party wants the marriage to end then it should, so it will just cost you a lot of money to do so that will be wasted.
  2. You can tick the box saying you agree to divorce but disagree with the reasons.
  3. tick the box saying you agree because the UR doesn't impact on finances or anything else
  4. Or you can counter petition. I would go with option 2 or 3.
MissedTheBoatAgain · 16/01/2019 05:51

Tick the box saying you agree to the Divorce. As PP has said trying to defend is a waste of money.

You can file a counter petition, but you will have the pay the court fee of 550 pounds. Why bother if ex has already paid?

Your case is another example of how wrong it is that UK does not yet allow a no fault divorce.

Possible that your Ex has been advised to file on the grounds of UR as the most common and most simple. Possible that he too does not fully agree on the reasons he gave, but is forced to give some reasons.

Only you, your ex and the courts will know the reasons given on the petition. So if you too want out of the marriage make it is as easy as possible and agree even if it does wrangle at the moment.

LetBartlettBeBartlett · 16/01/2019 08:04

Thankyou everyone, really appreciate it

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