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divorce on unreasonable behaviour or 2 years separation?

3 replies

single1ds · 21/09/2010 23:22

just wondering if anyone has done this and how you do it? does solicitor put your examples into words, do you need a certain amount of examples?
been apart 15 months now, dont know whether to wait the 2 yrs (assuming he wont do it first)or draw up a separation agreement to sort things financially and just put divorce through at 2 years?

OP posts:
NicknameTaken · 22/09/2010 16:57

I decided to wait the two years so as to avoid the unreasonable behaviour part. The advice from my solicitor re unreasonable behaviour was to pick ones that your ex is unlikely to object to. You don't want him to fight to defend his reputation!

Even though I agreed to wait the 2 years, I did get a deed of seperation before then to avoid being responsible for any debts he might run up, and we did have an agreement about child residence.

simpson · 22/09/2010 17:57

I decided not to wait 2yrs as I was not sure if I would be in contact with H after 2yrs despite us having kids together Shock

I just gave solicitor loads of examples and he worded it and gave his opinion on which ones were best etc...

Spero · 22/09/2010 18:01

Problem with unreasonable behaviour is I have seen (rarely) some judges refuse to approve the petition as they didn't think the behaviour was 'bad' enough... but then if you put in some really nasty examples, you run the risk of annoying/upsetting the ex who might not then co-operate. It does have to be behaviour that you can't bear to live with so the examples must be clear about that.

Probably safe to have about five? The whole exercise is usually just rubber stamped by the courts, but you can't risk assuming something bland will be accepted.

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