Gothic_Angel Posted January 21, 2010 Author Share Posted January 21, 2010 If a female claims her partner was violent towards her or that he behaved in such a way as to make her fearful for her safety, then she will get special help from the welfare state - such as priority housing and such. It is okay in theory when a woman leaves a household and needs a place to stay for the male to not contradict this. Unfortunately the woman then gets to believe it was the case and continues on that line - which can put the man at some risk in later years. She doesn't need that as he left the house anyway. I think it's as another poster said and she's having to specify reasons because she doesn't want to wait two years to do it on 'no fault' grounds. In certain circles, it looks bad if your partner divorced you, but it looks far less bad if you divorced her because of her faults. Losing your seat at the Captain's table at the golf club, things like that. Other than such petty-minded worries, I'm not aware of it making any difference at all. Well he's definitely not got a seat at the Captain's table to lose and I don't suppose it'll affect his status on the dole queue! I guess he's just worried about having it recorded that there was violence in the relationship. Link to comment Share on other sites More sharing options...
Rupert_Baehr Posted January 21, 2010 Share Posted January 21, 2010 The grounds for divorce in England and Wales are 'the irretrievable breakdown of the marriage' which may be shown by one of the following: (1) Adultery (2) Unreasonable behaviour (3) Desertion (4) Two years' separation with consent (5) Five years' separation without consent Divorce itself is a private matter and if the divorce is un-defended, the details of the unreasonable behaviour aren't made public. Link to comment Share on other sites More sharing options...
Rupert_Baehr Posted January 22, 2010 Share Posted January 22, 2010 The grounds for divorce are the irretrievable breakdown of the marriage. The petitioner can use adultery to show that the marriage has broken down, but adultery per se is not the grounds for divorce. I got divorced about 30 years ago and the petition said something like 'seeks a divorce from (her) on the grounds that the marriage has broken down irretrievably because of her persistent adultery with (the guy she was living with)' Under the law of England and Wales (this may have changed ... it's a while since I checked) 'A man is obliged to provide necessities to his wife.' 'Necessities' includes food, clothing, shelter ... and a divorce. At that time, it usually meant that the wife's divorce costs were paid by the husband. In the event that the husband cited adultery as the reason for the breakdown of the marriage, it was possible for the petitioner to claim costs from the co-respondent. - The only possible advantage of citing adultery as a reason for the irretrievable breakdown. The divorce settlement is used to provide for the weaker party (the children first, then often the wife) where such provision is necessary or appropriate. It is not used to punish anybody and your dad wouldn't have had to pay any more had your mum cited adultery as the reason for the breakdown of the marriage. If there are no children, the divorce is not contested and the division of the 'proceeds of the marriage' has been agreed, then the proceedings are (or should be) very simple. - a 'quickie' divorce in chambers. It is (usually - but not always) possible, in the event of a change of circumstances, for either party to go back to the court to ask for the settlement approved by the court to be varied. Link to comment Share on other sites More sharing options...
foxy lady Posted January 22, 2010 Share Posted January 22, 2010 No -the marital clauses act states that the separation should leave both parties in the same financial state, but takes in to account child care and future earning potential. The reason for the breakdown doesn't come in to it AFAIK. It ca make a hell of a difference if custody of kids is concerned. Link to comment Share on other sites More sharing options...
CottonTop Posted January 22, 2010 Share Posted January 22, 2010 In the States, it is different. If, for example, I had committed adultery, I could have been made to pay my ex-husband alimony for a period not to exceed the number of years we had been married (12 years) and vice versa. A lot of what is deemed the reason for the demise of the marriage can have a financial impact of the divorce settlement as well as child custody/visitation. Link to comment Share on other sites More sharing options...
Ghostrider Posted January 22, 2010 Share Posted January 22, 2010 One of the reasons my ex put down was.....wait for it........that I snore I kid you not.... Link to comment Share on other sites More sharing options...
fazz2311 Posted January 22, 2010 Share Posted January 22, 2010 One of the reasons my ex put down was.....wait for it........that I snore I kid you not.... You must be almost the perfect man then Link to comment Share on other sites More sharing options...
rich5315 Posted January 22, 2010 Share Posted January 22, 2010 all i can remember from my divorse (her leaving me) was that it didnt matter what reasons were on the petition but which one served it first, the one that files for divorse can get legal aid, no matter which one it is. no matter what reasons, but the one that wants to defend the divorse cant get legal aid, but most of the time when one partner comes up with excuses the other one just goes along with it cus they can get legal aid if they dont defend it sorry state i know Link to comment Share on other sites More sharing options...
Ghostrider Posted January 23, 2010 Share Posted January 23, 2010 You must be almost the perfect man then Apparently, not quite Link to comment Share on other sites More sharing options...
Rupert_Baehr Posted January 23, 2010 Share Posted January 23, 2010 In the States, it is different. If, for example, I had committed adultery, I could have been made to pay my ex-husband alimony for a period not to exceed the number of years we had been married (12 years) and vice versa. A lot of what is deemed the reason for the demise of the marriage can have a financial impact of the divorce settlement as well as child custody/visitation. Although much of US law (excluding the law in the Commonwealth of Louisiana - which follows the Napoleonic code) is similar to the law of England and wales, there is much which is markedly different. The law of England and Wales was changed considerably by the Matrimonial Proceedings act of 1973, which recognised that people aren't perfect, marriages might've been intended to last forever, but in the real world, things do go wrong. The legal systems of both the UK and the US tend to be adversarial, but in the UK, the adversarial elemnet has (largely) been removed from divorce proceedings. 'Divorces are difficult. The people going through them have enough to put up with. Let's minimise their problems' seems to be the attitude in the UK. Sadly, (IMO) Us law lags well behind. Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now