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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33290
Experience:  25 years experience of all aspects of family law
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Clare. You kindly responded to a question I asked in the

Customer Question

Hi Clare. You kindly responded to a question I asked in the past and I am hoping you could provide some more advice please as I have just re-read the advice from Thomas Judge on here and I am still unsure as to what to put on the D80B form. I have still not sent this off after having received it on the 15th August and so I am keen to send it off ASAP. I have included my supporting evidence at the end of this message which I am presenting in support of my unreasonable behaviour case and wonder whether you could tell me what I should write in Q5 which asks whether his behaviour is continuing and if not what was the date of the final incident relied upon by me in my petition. We are still living under the same roof but from letters I have seen around the house, he is still trying to apply for loans etc. so I don't know whether to say his behaviour is continuing. Also, In question 6 I have written the following, can you check this is ok please? "The respondent and I remain under the same roof for financial reasons. Our property is on the market to be sold and as soon as it has been, we intend to rent separate properties. We are living separate lives, cooking, cleaning and socialising completely separate of one another. Both of us agree that the marriage has irretrievably broken down and consent to divorce."My supporting notes from the divorce petition:
My husband has refused to discuss anything to do with our finances and so I have always had to trust him with money. Last year I discovered two large credit card bills which I was totally unaware of which made me feel extremely anxious. When questioned about these debts, Edmund had no plan as to how he would repay these and so I had to arrange for our family home to be re mortgaged to clear these debts. Once paid, I asked him to cut up the credit cards but he refused and both cards are now back up to their limits totalling £19,000.
In early January he took out a personal loan of £20,000 without my knowledge. He did so knowing that this current employment was insecure as he was entering the second stage of a support plan which, if he didn’t pass, would result in competency proceedings. Since then, he has regularly taken out multiple cash advances on his credit cards which have been in excess of £3500 per month until he reached his limit. He has refused to ask his ex-wife to contribute to his daughters private school fees even though she has told our other daughter that she would be willing to contribute. Before she went into year 9, he refused to move her into the local state school which had he agreed, would have significantly relieved our financial pressures. Edmund continues to live beyond his means and frequently spends money on non-essential items. He recently applied for another credit card despite his job situation.
Edmund has recently accused me of not paying my fair share towards the household expenses and has blamed me for his current financial position which I have found extremely upsetting given that I was on maternity leave for 9 months and since returning to work have been part time so that I can be involved in the raising of our daughter. In our 4 years of marriage Edmund has never discussed finances with me or has asked me to increase my contributions.
Edmund and I attempted reconciliation by attending Relate every week/fortnight from June 2015 to January 2016; many of these sessions focused on our finances and attitude towards money. Edmund has failed to take my concerns seriously or acknowledge that there is an issue regarding his spending and management of money.
Edmund’s behaviour over the months has started to take its toll on my wellbeing as I am extremely anxious, am unable to focus on my work and my sleep has been interrupted by my worries over his spiralling debt which will affect my ability to get credit in future. As a result of his behaviour, I have therefore concluded that our marriage is at an end and it is my wish to apply for a divorce on the grounds that our relationship has broken down irretrievably.Thanks in advance for your help.
Submitted: 2 months ago.
Category: UK Family Law
Expert:  Clare replied 2 months ago.

Thank you for asking for me

Just for clarity - his behaviour is in fact continuing unchanged?

If that is the case then the answer to question 5 is 'Yes" and the answer to question 6 is "no" and you need not include any details of the living arrangements

I hope that this helps

Expert:  Clare replied 2 months ago.


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