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help with d80 affidavit

  • stbf
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07 Jul 09 #129472 by stbf
Topic started by stbf
just filling in this form and have a few questions.

q4 is about do you concider respondants behaviour has affected your health.
it has!!!, but does it really matter if it has?? it asks for the EFFECT respondants behaviour has had on your health.
i have developed some health problems due to the emotional abuse and stress particularly during the last year before i left and the on going stress due to trying to sort out problems with abusive unreosonable stbx, but how do i write this?? or should i not bother??
in the oath (q4) it askes for any medical document the petitioner wishes to rely on. what if you have no medical report? or dont want to rely on a medical report?
so is the health question only relevent if you are using it as part of the original petition?and have documentry evidence?

also q5i asks is the respondants behaviour as set out in the petition continuing?
and q5ii, if NOT what was the date of final incident relied upon in your petition, ( i mentioned one incident in my petition since i left mh when stbx was verbally abusive to me, so do i give that date ? and answer NO to q5 ???? i havent see stbx since then, so dont know HOW his behaviour would be.
i would be really grateful for advice on filling this out as i am worried about making mistakes and have noone to ask but people on this site.
thanks

  • LittleMrMike
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08 Jul 09 #129520 by LittleMrMike
Reply from LittleMrMike
As a general rule conduct is not relevant, in the sense that
the Court's powers to award financial relief are not intended to ' punish ' the payer for marital misconduct or to ' compensate '
the recipient because his/her spouse gave him/her a hard time.

However there are exceptions. These would come into play where one spouse's conduct has reduced the other's earning capacity. As an example, there was a case where a husband had knifed his wife and the resulting injuries ended her career as a policewoman.

Or perhaps if one spouse took drink and drugs to the extent of being unemployable, it is doubtful whether the other spouse would be expected to support him/her.

As to medical reports, well, unless the injury is an obvious one, then the Court won't accept you have a problem just because you say you have one. It can also be relevant whether the problem is permanent or whether it will get better once the cause is removed.

Whether the behaviour is still continuing might be relevant if, for example, you needed injunctions to restrain the behaviour.

I hope that this may be of some use.

Mike

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22 Jul 09 #133154 by stbf
Reply from stbf
thanks for the info, ive been ill and i still havent filled in the form, is there a timelimit on sending it back??
still unsure what to answer in q 5 about is behaviour continuing, after last incident relied on in petition.
we are seperated and i have no unsupervised contact with stbx because i feel unsafe. infact only once since april and was still verbally abused, so now no contact.
should i answer that now no contact, so answer is no??
dont want to mess up the form.

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