Divorce Papers - Implications of signing them?
Discussion
A friend has been separated from her husband for just over a couple of years now. Long story short they married, things turned to crap, she left the home for a while and came back at which point he left, to live with another woman the suspicion being that he'd been playing away for a while.
Last week he handed her divorce papers out of the blue (as in didn't expect the papers, getting divorced at some point was a bit of a given) and wants her to sign them.
I'm assuming the best thing to do is to talk to a solicitor but the part she's dwelling on is that in the "reasons" section apparently he's put that she left the marital home and she thinks that this will somehow count against her - my understanding is that essentially nobody pays too much attention to the reasons given?
Any info would be great, I certainly don't think she should sign anything without speaking to a solicitor first but I've never even seen a set of divorce papers to know what the implications of signing them are beyond "we want to get divorced"?
Last week he handed her divorce papers out of the blue (as in didn't expect the papers, getting divorced at some point was a bit of a given) and wants her to sign them.
I'm assuming the best thing to do is to talk to a solicitor but the part she's dwelling on is that in the "reasons" section apparently he's put that she left the marital home and she thinks that this will somehow count against her - my understanding is that essentially nobody pays too much attention to the reasons given?
Any info would be great, I certainly don't think she should sign anything without speaking to a solicitor first but I've never even seen a set of divorce papers to know what the implications of signing them are beyond "we want to get divorced"?
Divorce not my area for 30+ years, but fault is not an issue. The reasons are a threshold to step over, prior to it being possible to get a divorce. When it comes to property division (which sounds like the main issue here, no mention of children)fault is not an issue. She should still lawyer up to learn where she stands, then she should try and reach a quick agreement with husband on financials to avoid the family assets ending up in lawyers bank accounts.
jensenhealey2 said:
Divorce not my area for 30+ years, but fault is not an issue. The reasons are a threshold to step over, prior to it being possible to get a divorce. When it comes to property division (which sounds like the main issue here, no mention of children)fault is not an issue. She should still lawyer up to learn where she stands, then she should try and reach a quick agreement with husband on financials to avoid the family assets ending up in lawyers bank accounts.
She (they) have a daughter, so far things have been pretty amicable on the financial and property side, though of course that could change.What she's suspicious of, and asking on here is no substitute for her lawyering up I know that and so does she, is she doesn't trust him as far as she can throw him so there's this underlying theme of whether there could be a sting in the tail merely by signing something that's being presented as "to get the ball rolling".
it could be a lot more innocent to be honest. He could have decided he wishes to marry the new woman and as such needs to be divorced from your friend.
IANAL but from what I understand, her leaving will not effect what she may get from the home. she may have left it due to the marriage breaking up but she still has an interest in its value. If its still amicable between them, it may be worth her asking about buying him/him buying her out of the house.
IANAL but from what I understand, her leaving will not effect what she may get from the home. she may have left it due to the marriage breaking up but she still has an interest in its value. If its still amicable between them, it may be worth her asking about buying him/him buying her out of the house.
ymwoods said:
it could be a lot more innocent to be honest. He could have decided he wishes to marry the new woman and as such needs to be divorced from your friend.
IANAL but from what I understand, her leaving will not effect what she may get from the home. she may have left it due to the marriage breaking up but she still has an interest in its value. If its still amicable between them, it may be worth her asking about buying him/him buying her out of the house.
They're already handling all of that, like I said, so far pretty amicably. I guess my question literally focuses on the implications of the divorce papers.IANAL but from what I understand, her leaving will not effect what she may get from the home. she may have left it due to the marriage breaking up but she still has an interest in its value. If its still amicable between them, it may be worth her asking about buying him/him buying her out of the house.
This is all sommething she should ask her solicitor, but AFAK (remember not a divorce lawyer) the only real significance of signing is where there is a co-respondent who can in some circs be landed with the costs. The point is (from old, old memories) that the fact that the marriage has broken down is the only ground for divorce. Proving certain acts/facts establishes a presumption that the marriage has broken down. Signing by respondent (person receiving the divorce papers) means the fact is agreed, so no formal proof is required. If I recall correctly, even when one party has signed he/she can resile if they later want to say the marriage has not broken down (which issue then goes to court!!). Woundn't recommend - £££££.
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