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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34234
Experience:  family solictor with 25 years experience
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My ex gave incorrect information at the divorce petition

Customer Question

My name is***** ex gave incorrect information at the divorce petition application about the length we have been separated. We had only been separated for less than two months but she said we have been separated for more than two years. I signed the divorce papers without much thought and sent them but after a few weeks I realized she had given false information in order to get a quick divorce, i called the court and informed them and they told me to write a letter and attach any evidence asap. I sent the letter and the evidence I had (a tenancy agreement for the last previous two months we had both acquired and has both our signatures to the flat we had rented together). Can the judge overturn the divorce sighting it as a marriage of convenience because her intentions were just to get married to me and gain residency and the fact that she gave incorrect information?
Assistant: Thanks. Can you give me any more details about your issue?
Customer: Ok, she also said the reason for the divorce was that i was responsible for unreasonable behaviour after we had a verbal argument back in June 2013 and she called the police and i got arrested but the following morning she dropped any allegation in relation to it and said she was sorry and that it wasn't necessary and she had only called them out of anger, we made up and there was no more issues. She got her residency through going%2
Submitted: 8 months ago.
Category: UK Law
Expert:  Clare replied 8 months ago.

Thank you for your quetsion

My name is Clare

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

When was the Decree Nisi granted?

Customer: replied 8 months ago.
Thanks Clare, no nothing has been decided it's just in the initial process. All she has done is to make the application and i got the petition papers and signed and sent them back without much thought about it them two weeks later when I was going through them I noted she had said that we have been separated for the last two and a half years yet in fact we separated on the 12th Nov 2016
Expert:  Clare replied 8 months ago.

Was the ground the separation or Unreasonable Behaviour?

Customer: replied 8 months ago.
Unreasonable behaviour
Expert:  Clare replied 8 months ago.

In that case the date of the Separation is not necessarily relevant - of you do not wish the divorce to go ahead then you need to file a full defence.

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/0827/D8B.pdf

The error in the date is not sufficient to invalidate the divorce

If you need further details please let me know

Customer: replied 8 months ago.
What if i don't agree with the grounds she's using?
Expert:  Clare replied 8 months ago.

That is why you file a defence - the form I refer you to above

Customer: replied 8 months ago.
It was her word against mine, and there were no charges, no court appearance?
Expert:  Clare replied 8 months ago.

Then that is what you say