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Divorce entitlement

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  • Divorce entitlement

    Hi... I'm hoping someone could help me with a query.. I was in a DV marriage, I gained a restraining order indefinitely after many court cases with CPS right by my side, I want to start divorce proceedings and have been informed that if he refuses to sign the judge would waiver that after 6months and sign on his behalf? Is this correct? But also, if I inherit money or came into money, would my ex husband be entitled to half or would this be overruled due to the abuse, the abuse was physical, mental, emotional and financial .. if anyone knows where I would stand on the money side of things please, I'd very much appreciate any feedback
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  • #2
    A judge can dispense with service if need be and sign as needed. Some fair effort to serve would have to be shown, and a delay of 6 months does not seem unreasonable.
    Your assets are your assets, and if appropriate they fall into the family's assets for distribution. All the circumstances are taken into account including whether they are acquired after the separation, and their source, and also utterly egregious behaviour of a party. There are no hard rules,so no promises can be made, and courts do prefer generally to deal with finance without regard to behaviour.
    Last edited by dslippy; 14th June 2022, 15:22:PM. Reason: Correct typos

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