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Incorrect date on divorce petition

3 replies

QueryAboutDivorce · 15/08/2019 13:13

Hi.

My husband and I separated nearly 7 years ago.

We separated because he had an affair. He petitioned for the divorce so that he would pay the costs. I had no desire to contest the divorce but didn't sign and return the papers for 2 reasons and I would like some advice on it please.

Reason 1: he refused to sign anything on the back page which asked about financial commitments. He believes that we can agree the finances between ourselves and the court will just rubber stamp it. I have been told (called legal advice line attached to the website he believes he got his info from) and was told that, as there are children involved, the papers would be returned if he appeared to not want to make a financial settlement.

There are no assets to divide but he was made redundant a couple of years ago and will have received a redundancy settlement of mid 5 figures. He obviously wishes to keep this away from me/the children.

I was advised that he will need to provide financial info to court and he has said that's no one's business but his.

Reason 2: he moved out of the family home on 3rd Oct yet put the date on the papers as sometime in the following Jan.

I don't really know why.

He says that that is when we decided that the marriage was definitely over although the question is quite clearly the date he moved out.

There was never really a serious intention to reconcile, just that those 3 months were the period of time required to emotionally process the fallout and get our heads around it all. Maybe he was hoping I would relent and forgive in that time. I don't know.

As far as I am concerned, the marriage was over the day he moved out.

I said I wouldn't sign papers with an incorrect date.

He has now finally enquired and been told the original petition can be withdrawn and a new one issued at a cost of around £600 or I can contest the original for around £250. Although it is unclear what the result of that would be.

He is in agreement that he moved out on 3rd Oct - because he did!

What are the implications for me if I were to sign with the original papers with the incorrect date?

Thanks

OP posts:
Collaborate · 15/08/2019 13:22

as there are children involved, the papers would be returned if he appeared to not want to make a financial settlement

Not true. At all. This is the divorce petition. No one needs to tick the box about intention to apply. It doesn't stop you applying for a financial remedy order.

What are the implications for me if I were to sign with the original papers with the incorrect date?

None. I suggest that when you answer the question about do you intend to defend the case you say that the true date of separation was 3 months earlier.

QueryAboutDivorce · 15/08/2019 14:32

Not true. At all. This is the divorce petition. No one needs to tick the box about intention to apply. It doesn't stop you applying for a financial remedy order.

Really?
Honestly, this whole thing is so frustrating!

That's what I was told when I called them to clarify what he was telling me!

He hasn't found phoning anyone much use either - not sure if it was the same people. He described them as "unnecessarily adversarial".
Thanks.

OP posts:
mumblechum0 · 20/08/2019 01:40

Collaborate is right as usual.

I presume that the grounds are 5 years separation but even if not, a matter of 3 months in a case where the parties have been separated for 7 years is totally irrelevant now.

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