Legal Question in Family Law in United Kingdom
My partner is doing an online divorce with 'clean break'. His wife agreed to a divorce initially on a 2 year separation. She now has had a free half hour with a Solicitor and stated she will agree to the divorce only the basis of no 'clean break'. She knows my partner will come into an inheritance at some stage in the future and is deliberately procrastinating due to the fact my partner's parents are eldery. I personally think she is a horrible piece of work in trying to claim money from future possible inheritance. Now she has emailed my partner's Solicitor, stating she will 'go' for a payment of 10K!
How does is stand with this please? All his Solicitor has told him is he can amend the petition to 'unreasonable behaviour' for a further cost. However, can this still go ahead with the 'clean break' without her consent?
Grateful for any help.
Kind regards.
J Martin
1 Answer from Attorneys
It must be frustrating for you that your partner's wife's solicitor is running rings around you and the solicitor you have consulted. you need now to go on the attack and the first step should certainly be to amend the petition. This is hardly rocket science and if you instructed a firm of online lawyers such as Legal-Zone the cost of preparing the unreasonable behaviour petition and an application to amend would be around �100.
The court is directed to consider a clean break settlement and these are usually made other than in cases of long marriages where there is little prospect of one party obtaining employment or where one party is disabled. Obviously I know nothing of the circumstances here but current decisions are against the ' meal ticket for life' settlement and a continuing maintenance obligation. You should obtain advice on what would be a proper settlement from an experienced divorce lawyer and again if done online this will not be expensive.
Let us know if we can help in any way.
Andrew Dutton
www.Legal-Zone.co.uk
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