Some people still insist on defending divorce proceedings– but frankly, most experienced divorce solicitors will tell you that there is really very little point in doing so.
You may not agree on every issue involved in the divorce – issues regarding money and children are usually the two most contentious areas – but trying to defend a divorce petition is only likely to produce one result – transferring some of your family assets to the bank account of your divorce solicitor.
Defended divorce? What’s the point?
If you do want to defend a divorce, what are your options?
- you can argue that the facts stated in the petition simply are not true – but your spouse can amend those facts.
- you could argue the marriage has not really broken down[ remember marriage is a two-way process and it’s pretty difficult to argue that there is a valid marriage if one party feels there is no relationship or love left]
- or you can dispute whichever of the grounds for divorce your spouse is relying on e.g. adultery, desertion, etc. Really, however, you will only be delaying what is inevitable.
Defended divorce – what are my chances of success?
The chances of successfully defending a divorce against someone who really does want to get divorced are very slim indeed.
Defending a divorce – our advice?
The advice of our divorce lawyers – don’t waste money in defending divorce – it’s frankly much better to try to agree as much as possible to keep your legal costs down and to avoid creating any unnecessary distress for either party. For example, if your spouse is relying on the ground of unreasonable behaviour to prove the divorce – there’s no reason why the two of you can’t try to agree the behaviour on which the divorce will be based – with the help of your divorce lawyer, you can keep this to the bare minimum, which should limit any unhappiness felt by your ex-partner.
It’s good legal advice to see the divorce itself and other contentious issues, such as divorce and children as quite separate.
If your relationship is in difficulties and you’re considering divorce or a civil partnership dissolution – contact our specialist family lawyers today – remember we offer a free 30 minute interview about divorce.
Going through a defended divorce? Need specialist legal advice? Call Us Today
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