I petioned to divorce my wife in december 2011 having lived seperatly in seperate homes for 18 months, the split was amacable and she attended court with me to sign the afidavit.The judge has dismissed the petition on the grounds of my admission of my unreasonable behaviour and it has been suggested I could amend the orignal petition on the grounds of 2 years seperation but the family section of the court have said this will not be possible and I will have to start again paying the fee of £340. My wife will not sign again as she now thinks she is entitled to part of any inheritance I may inherit on my parents demise. I do not own any property,have a pension or any savings or investments. My income working is less than hers on benefits we have no children.
Province/Country relating to question : UK
Do you have a specific question?
yes what do I do next I do not have £340, she has turned nasty writing all sorts of nonsence to the court she knows I have nothing financially to come after so she e-mailed me saying she will never divorce me and will be able to claim on any inheritance is that true?
Do you mean that you issued a petition based on your own Unreasonable Behavior?
Yes that is correct I tried to appease her I have wanted to leave her for a few years. I am too soft I hate confrontation or aggression
I am afraid that this is not possible.
Only she could have issued a divorce based on your Unreasonable behaviour.
You could have issued a Petition based on her Unreasonable Behaviour.
Accordingly I am afraid that you will indeed need to file a new Petition - based on her Unreasonable behaviour if you wish to bring your marriage to an end.
Even if you stay together then she will not necessarily have any claim on any inheritance that you receive after you have separated
I now reside in Malta I am not having any communication with her so I am not staying with her what would happen if I did nothing in the event of her coming after me for financial reward as she puts it.
She can of course issue a divorce petition against you and make a financial claim - how successful that would be is open to question since you have no assets against which she can claim.
25 years experience of all aspects of family law
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