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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33311
Experience:  family solictor with 25 years experience
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I received a divorce petition notice. The ground divorce is

Customer Question

I received a divorce petition notice. The ground for the divorce is wrong; as my husband stated we have been seperated for 4 years and I left the home without any reason. I left his home four years ago after a domestic violence incident.
Also, since we have been seperated he has seeing a lady who now have a son for him and they did a traditional african wedding in a hired hall earlier this year, even though we are still legally married and have not divorced.
Me and my husband have a 6 year old daughter. I do not want him in her life anymeore due to his behaviour, things he has said to her, etc.
He is only paying 50 pounds for her upkeep every month. Husband works a store manager in Retail. As far as i am aware he does not have a right to work to leave in this country.
I want a divorce and move on with my life. I do not like the fact that he lied about the reason for our seperation
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Which boxes has he ticked at Part 5?

Customer: replied 1 year ago.
Box 1a and 2C.
Marriage ahs broken down irretrievablyrespondent has deserted the petitioner for continous period of at least 2 years immediately proceding the presentation of this petition.under the part 6: supporting statement; respondent left the family home without a reason on11/03/11 and has not returned.
Expert:  Clare replied 1 year ago.

OK - and has he claimed costs - part 2 of part 10?

Customer: replied 1 year ago.
no
Expert:  Clare replied 1 year ago.

Right.

How strongly do you feel about this - are you willing to let it go so that you are divorced?

Customer: replied 1 year ago.
I want a divorce and the reason for the seperation should be domestic violence or we are just seperated and not that i just moved out. Like i said i moved due to domestic violence after midnight when the incident happended. he is now married illegally in the country.
saying that i moved out of the home without a reason sounds like i am irresponsible. and if this is not addressed he might fight for custody in future.
Expert:  Clare replied 1 year ago.

The issues raised in the divorce will not effect the issue of who the child will live with or what time the child spends with him.

You have three choices.

You can allow the divorce to continue on the current ground (if the court will allow it which is not certain as in fact you did not desert him at all)

OR you can defend the matter on the basis that he has lied on the Petition - and then cross petition based on his Unreasonable Behaviour.

There will be court fees to pay.

The third option is to tell your ex that you will not agree to the Petition going through in the current basis - but you will agree to it if

he changes the ground to the two year separation ground.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
if i want to fight for financial arrangement for his daughter maintenance. how do i go about it
Customer: replied 1 year ago.
also, he has been abusive to me and said things to his 6 year old daughter which have been inappropriate. i dont want him near my daughter. i am a health visitor and know that some of the things he has said are not proper. he does not care for his child and after what he wants alone. he wants his daugher british passport just for him to fight for his papers
Customer: replied 1 year ago.
will be right back
Expert:  Clare replied 1 year ago.

What has he actually said?

Customer: replied 1 year ago.
We have been on this issue for a long time. He said he cannot afford more than 50 pounds a month for his daughter upkeep
Customer: replied 1 year ago.
Also, if i can defend the matter on the basis that he has lied on the Petition - and then cross petition based on his Unreasonable Behaviour.Will i be able to claim the court fees to pay; for him to pay.
Customer: replied 1 year ago.
We have been on this issue for a long time. He said he cannot afford more than 50 pounds a month for his daughter upkeepAlso, if i can defend the matter on the basis that he has lied on the Petition - and then cross petition based on his Unreasonable Behaviour.Will i be able to claim the court fees to pay; for him to pay.
Expert:  Clare replied 1 year ago.

He has to pay 12% of his gross income as child maintenance.

If he refuses to do so then you can apply to the CSA/CMS and they will deal with the matter

You will be able to claim costs if you defend and cross petition - but they will not have to be paid until the end of the process

Clare

Customer: replied 1 year ago.
Thanks
Expert:  Clare replied 1 year ago.

You are welcome - I hope all goes well