My ex-partner has filed for divorce that we both want – there are no children and I have no property. However, in the divorce document itself the particulars are inaccurate and are completely one-sided against me. She has requested maintenance payments but ‘at an amount she sees just’. I am concerned that the reason that she has painted me in such a bad light may be to push for higher payments. 1. I want the divorce to go through uncontested since I can’t afford an expensive court case, involving barristers but do I just agree with the papers and sign? My main concern is that the payments I make should be fair, taking into account my income which is only around £14 000 pa. By signing – am I effectively saying that she can demand whatever amount she wants? 2. Also, it says I would bear the costs of the divorce – are these just court fees – or do I have to pay for her expensive solicitor, too?

November 27, 2008 by Anonymous

The grounds for divorce and particulars of unreasonable behaviour contained in a divorce petition are totally irrelevant when deciding financial matters. It is well-established that conduct plays no part in deciding ancillary financial matters and cannot even be raised and put before a judge if it comes to having to ask the court to decide financial issues. It is unfortunate that the petition issued by your wife should contain controversial matters but this really will not affect the outcome. You need therefore not have any concerns about consenting to the divorce which you both require.

What I suggest that you do is write back to the solicitor instructed by your wife saying that you do not to agree with the allegations but will allow the petition to proceed on an undefended basis providing they agree not to proceed with the claim for costs in the petition. This is quite usual and I am sure they will agree. By agreeing to the divorce you are only consenting to the marriage being dissolved. The question of any maintenance payments is quite separate. In being aware of your inability to pay maintenance I am sure that your wife will not proceed with this claim.

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