Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Divorce/separation

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

Financial or otherwise of waiting for no fault divorce on 6/4/22lt divorce on April

9 replies

OhPumpkin · 16/02/2022 03:14

Why would someone try to delay their OH divorcing them or vice-versa until no fault divorces come in to law in April? Grounds for divorce would be for unreasonable behaviour - sexual and financial infidelity fraudulant activities, mental abuse, cruelty. What benefit would there be to the respondent if he managed to delay petitioner filing until after 6th April or would there be any advantage to the respondent to become the petitioner relating to no fault divorces after 6th April? Hope that makes sense.

As far as I can see the only reason petitioner stalling is the stigma (not made to look like a cad and reputation ruined) but could it possibly be reasons relating to the financial settlement...as in the financial infidelity and fraudulent sale of matrimonial home isn't mentioned if no fault. Basically, husband had affair, wife found out, he claimed to have ended affair, convincing wife it was a big mistake but continued secretly whilst at same time coercing wife into investing her share of equity from the home into their joint business. He finally claimed to have finished affair several months later but she isn't convinced it has and suspects she is being manipulated to stay in the marriage until after April deadline for some reason or that he will then petition for a divorce.

He is very manipulative as is his affair partner who seems openly hostile and jealous of the wife who could be left homeless and jobless (business run jointly and will have to be sold) She is close to retirement age, he is 10 years younger.

Any advice greatly appreciated.

OP posts:
OhPumpkin · 16/02/2022 03:17

Apologies for post title going astray- not sure what happened.

OP posts:
tryagaintonot · 16/02/2022 06:05

No legal knowledge but from what I've read about it I don't think it would make any difference to the financials as it's always quoted that the reasons / morality situation bears no influence. So no I can't think of one either other than the perception. Actually I would see it as a disadvantage if I was him because I think there is a cooling off period from April - 20 weeks? So would that delay the process longer than if it went through now I'm not sure.

Post on legal maybe

MmeMeursault · 16/02/2022 06:43

Something to do with tax reasons and the business maybe as it will be the new tax year on the 6th?

blisstwins · 16/02/2022 06:53

I am in the us. Adultery is hard to prove and most states are no fault anyway, but in states with fair proof of adultery can result in a better financial settlement for the wronged party. Friend should take to a lawyer asap

DoNotTouchTheWater · 16/02/2022 07:04

Because horrible husbands respond badly to a list of reasons being married to them is intolerable - however carefully you word it. Any written criticism is too much of a blow for their ego.

sorrysaywhatnow · 16/02/2022 07:16

I can't claim to be an expert but there's no financial benefit from what I can see? It can't be contested by the respondent so that's a benefit, plus as you said, there's no long list of his/her wrongdoings which would be preferable to many people I imagine?

millymolls · 16/02/2022 08:05

Current divorce process is antagonistic
Most people have to go with UB and unless you’re amicable you have to lost why your spouse is unreasonable- this can be the start of a hostile process - as they can disagree

Financial settlement not impacted by ‘fault’ ( either unreasonable behaviour or adultery )

CrunchTime22 · 16/02/2022 08:32
  1. He doesn't want to feel at fault. But it may give you some mental strength to have him see some of that listed on paper
  2. The delay may suit him and give him time to loose some money. I imagine come April there will be a backlog of applications

I'd crack on if it suites you, OP.

OhPumpkin · 16/02/2022 14:57

Thank you for the replies which I will pass on.

I feel she should submit application without delay as he has already had several chances to put things right but his actions fail to live up to his words and the mental impact this has had on her is very telling.

She will never get personal agency whilst he is still gaslighting, lying and controlling the agenda and her recovery yet claiming to want to stay together and make a go of rebuilding their marriage.

I am unable to find if there is a cut off day (5th April?) for original method of submitting an application then No Fault is from 6th April.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread