Divorce Petition- not accurate, does it matter?

[KindKim]

Hi All,
I could do with some advice on whether or not the lies/inaccuracies on the divorce petition actually matter.

Small bit of background...married since 2001, seperated in 2006 when i found out he was having an affair. We had 2 children together. He had one child before we met, and i have had one since we split.

There are four parts i dont agree with...

1. The reason he has put for our seperation are a) Fell out of love, b)Had different goals in life, c)Didn't spend enough time together. Does this really matter in the long term? Can anyone, especially our children, access this in the future? What are the implications of insiting he puts in adultery?

2)In the section about maintainence he states that he is paying £250 per month.

He was paying this amount since we split, but reduced his payment Dec 2010 to £200.
Does this matter? I have no idea what his earnings are or what percentage £200 is? Would a judge pay any attention to this? or have access to his earnings amount and therefore change the amount (up or down) to be paid?

3)The children live with me and he has chosen to have no contact with them. He states in the arrangements for children section that they live with me, but when they ask "do your children see/stay with your husband/wife?" He changes the perspective that he is answering from and answered No!!

He thinks that this is ok, but i am concerned that a judge will read the form and think that neither parent is caring for the children, do they even read these forms that closely or is it just a rubber stamping exercise?

4)When it asks if either the petitioner or respondant have any children not considered part of the marriage he has left a blank.

What are the implications of not mentioning the other 2 children. His Ds is now 17 and out of education so as i understand it from the form he shouldn't be mentioned, am i right? What about my DD? Will it make any difference if she is/isn't mentioned?

We have talked about this, and he just wants me to sign it, as he has booked his next marriage date for 12th August! he says it would cost him £100+ to amend it. (Online)

I do want to get divorced, but ultimately what are the implications of signing it as it is? I can't help but think he is asking me to lie, on what is in fact, a legal document. I am in a profession where lying on work documents would result in me being struck off, and so for various reasons this doesn't sit well with me. Aside from the fact that he expects me to condone the way he has treated me and the children by going along with his lies and agreeing to it all.

What should i do?
TIA
Kind Kim

Sorry that was much longer than i anticipated. Hope its clear enough to be easily readable.

Goodness, I have no idea re the implications of his statements, but at the end of the day it is a legal document and should be entirely accurate. You shouldnt sign something that has inaccuracies is all I can think of.

Simple answer - this happens every day:

1. On the acknowledgement form you can say, if you will not defend the divorce, that you reserve the right to contest the allegations if that becomes relevant in the future.

2.At the top of the back page you are asked if you agree the statement of arrangements form. Out here about the maintenance. It will be pretty self evident that the kids live with you from earlier on in the form. The form is unhelpful, as it assumes that the person who fills it in has the kids living with them. The SOA form is to deal with kids under 16, or 16-18 if still in school. Even if his other kids are still in school, it doesn't really matter.

1. Just check he's not asking for an order that the Respondent (you) pays his costs. If he is, get back to me.

Totally agree with Resolution, no need to pay to amend petition just based on these minor points so deal with in Acknowledgement of Service form.

Definitley check he is not seeking costs though. If he is then tell him you will return the form if he withdraws his claim for costs

Thanks for your replies. Really helpful and reassuring.

Bit concerned about the costs aspect now though. I can't see on it anywhere, anything about costs. He filled the form in online and so i assume he had to pay then?
At what point would the respondant normally become aware that the petitioner was claiming for costs?

Also i am vaguely aware that we should ideally also get a clean break order at the same time as filing for divorce, but he hasn't done anything about this despite me saying to him about it. Can i do this on its own in the (hopefully near) future without any hassle. I am slightly concerned that when (not if ) i win the lotto he will suddenly pounce. There is also no doubt in my mind that he will never have a decent penny to his name while i have the ability to earn and manage my finances much better than him, and I feel quite vulnerable about it. Any info gratefully received or a link to clear concise and accurate information.

Thanks again ladies, much appreciated.

Ladies? Thank again! :o

In the prayer (usually on p3 just below where he asks that the marriage be dissolved) is where you'll find the prayer for costs. If it ain't there, he ain't claiming.

As for a clean break, you'll need to get a solicitor involved. It can be obtained any time after decree nisi. It's a technical document that needs someone who knows what they're doing to draft it.

Ladies...thought it was best to be polite

Ok so i've checked the prayer and it has a line through section 2 about the costs so that means he's not going to claim from me right?

This has brought my attention to the section about ancillary relief though. He has left these not struck out but has struck out the section about payments for the children. Does this mean that he is leaving the door open to claim from me in the future but absolutely slamming the door on being financially responsible for any payments for the chldren other than the afore mentioned maintainence.

Sorry to keep coming back with more questions, hopefully this will be the last one, its all doing my head in, how i wish i had half a clue about legal matters.

Meant think again, not thank(!)

He's not claiming costs.

Ancillary relief claim is quite standard. Nothing to worry about. And no, he's not denying resp for the kids - just that he's not going to have them live with him so he shouldn't make capital and income claims for them against you.

I agree with Resolution EXCEPT that I think the section 4 should mention that you have had a baby post separation who is not a child of the family.

Without that fact the petition isn't accurate and if the judge who is considering whether to grant the DN realises there is another child (perhaps from a solicitor's letter or something mentioned in the statement of arrangements or something else) then it will get sent back for amendment.

Just tell him to add that bit in.

ps I assume he is doing it on the basis of 2 years plus consent? so there may not be any allegations to deny. There will only be allegations if he is doing it on the basis of unreasonable behaviour.
If it is two years plus consent it doesn't really matter why the marriage broke down so what he wrote in the petition is slightly irrelevant. You will both be saying that it has irretrievably broken down and you want a divorce. That's it, really

Hi,
Just wanted to say a belated thank you for your help. I have had a manic week and haven't had a chance to say thank you. I really appreciate you taking the time to share your knowledge.
Still haven't dealt with it but will do over the weekend.