Occupation order

[acsrjsk]

Re: Occupation order

Sorry just one other question:

I had the following from her solicitor:

Please note that emails have been forwarded to our client. Her response is clear and unequivocal insofar as she sees no reason for a meeting at this stage. As far as we, and our client, are concerned, the priority at this time is the advancement of divorce proceedings. To address such matters sooner rather than later, we would be grateful for an indication of a postal address for you so that the relevant paperwork can be submitted onwards to you.

What sort of paperwork are they talking about here?

[MissFM]

Re: Occupation order

Hi

It is highly likely that my wife will start divorce petition soon.

I am not going to contest it when it happens. She will be using "unreasoble behaviour" as the reason with evidence provided - I have read on the internet that I need to send "Acknowledgement of service" as the respondent.

I also read that it is sensible to admit the unreasonable behaviour to keep the costs down, which I intend to do. I also am not sure if I need to engage solicitors to talk about the divorce matter on its own (just heard that solicitors around my area charges nearly £260 including VAT!). I prefer to talk to them when we discuss about financial matters itself.

However, I understand that she can claim the divorce costs including her solicitors fees. I don't want to cover that fees incase it comes to it and when the time comes where a petition has been raised.

I read that the following two questions will be asked on the Acknowledgement of Service form:

6. Do you admit the (adultery, unreasonable behaviour etc)?
7. Even if you do not intend to defend the case do you object to paying the cost of the proceedings?


Answer to question 6 I will say "Yes" and answer to question 7, can I say "Yes" (as in I don't want to pay) too and do I have to provide an explanation to the course via the Acknowledge form? Do I have to give a reason anywere or to anyone?

Can you also explain the difference between divorce cost and financila proceedings costs please? I mean how do you differentiate between the two?

Thank you.

I'm sorry to hear that but I guess it was to be expected

The above seems sensible to me on both counts. I would think it fair that you each pay your own solicitor and split the court fees. Others may think differently.

I think the actual mechanics of the divorce will be straightforward if you don't contest and the costs would be just the court costs and solicitors' fees - which should be minimal in the absence of dispute. One reason to choose Resolution accredited solicitors as they are expected to not rack up costs through taking a confrontational approach.

Here are a couple of links which should help with understanding the process and how to work out the financials fairly:

https://www.gov.uk/divorce

https://www.moneyadviceservice.org.u....html?roptin=0

The divorce proceedings are distinct from the division of assets. The divorce itself, if uncontested, will process as described in the link above.

The financial division would, IMO, be best agreed between the two of you and presented to be "rubber stamped" by the solicitors. Obviously, if there are points on which you disagree, or if one of you takes an unreasonable stance, then legal costs can rise steeply. Mediation can be the most useful route in such an event - you don't have to meet or be in the same room for it to take place (the mediator goes back and forth). If you can avoid a court hearing it will obviously be less costly. I would expect your wife's solicitor to explain this to her.

As your marriage will not be classed as a "long" marriage, you are each able to support yourselves and there are no dependents, it should be reasonably clear what a fair division will be.

My view is that you would be wise to have a solicitor you trust lined up to be used as and when necessary - with luck this would be largely for advice on details and to scrutinise (for bear traps) arrangements proposed/agreed by you both.

x

[MissFM]

Re: Occupation order

Sorry just one other question:

I had the following from her solicitor:

Please note that emails have been forwarded to our client. Her response is clear and unequivocal insofar as she sees no reason for a meeting at this stage. As far as we, and our client, are concerned, the priority at this time is the advancement of divorce proceedings. To address such matters sooner rather than later, we would be grateful for an indication of a postal address for you so that the relevant paperwork can be submitted onwards to you.

What sort of paperwork are they talking about here?

See above link (Petition, decrees, forms, & so forth) x

[acsrjsk]

Re: Occupation order

Thanks

I have noticed that the locks have been changed. There is no occupation order or non-molestation order.

I was wondering if she is allowed to do this? I am pretty sure she is not.

I am not bothered about this tbh as I am staying elsewere. However I am worried if this has any impact on the outcome of the divorce proceedings. (or) has she decided that she is getting the house after the divorce? The proceddings are not started yet either. Basically, what I am asking is shoud I be worried about her changing locks to the house as part of the divorce proceedings?

I assuming she may have done as she is also the legal owner of the house which entitles her to change locks just as I am allowed to break-in if I want to provided there is no occupation/non-molestation order in place. I am not planning to do break-in- just curious to find out.

Many thanks

[stevemLS]

Re: Occupation order

I wouldn't worry about her changing the locks, essentially you are right in your last paragraph, she is entitled to change the locks and you could break in (preferably with the aid of a locksmith) should you choose to.

[acsrjsk]

Re: Occupation order

I wouldn't worry about her changing the locks, essentially you are right in your last paragraph, she is entitled to change the locks and you could break in (preferably with the aid of a locksmith) should you choose to.

Thanks - I won't break in though.