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Strong enough UB reasons???

  • FreshStart2009
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13 Aug 09 #138278 by FreshStart2009
Topic started by FreshStart2009
Hi All,
I have submitted my application to the DIY site I am using and they have come back saying that the dates should be in the last 6 months, unless its been on-going. In my case I feel it has been, so I have reworded it to the following.

There have been ongoing differences in the marriage that have been carrying on for several years and we have tried to resolve them but to no avail, some of the key points are listed below.

After an initial confrontation in December 2007, the Respondent and Petitioner discussed some changes in lifestyles, and the Petitioner made as many of them as possible, but the Respondent still carried on in what was the usual manner, always on her laptop chatting to 'cyber friends' even though the Petitioner was sitting in the same room.

There has been a lack of any meaningful communication between the Petitioner and the Respondent for several years, only the day to day 'When you home, Have you got the kids? etc'

The Respondent is not interested in any intimate relations with the Petitioner. The Respondent has not shown the Petitioner any form of physical contact since 21st September 2007. This has lead the Petitioner to have feelings of very low self esteem which he finds intolerable.

Due to irreconcilable differences, the Petitioner and Respondent pursued separate social lives which has lead to the petitioner feeling isolated and neglected.

The Petitioner and Respondent have been separated since 28th June 2009

While I was speaking to them, they did not sound too confident about it and very non-committal, is that just the way they are??
I would rather know before it goes to court, from someone who has or is going through the same thing, so if we need to change who is divorcing who it can be done now at the start!
Any help and advice would be most helpful.
S.

  • Fiona
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13 Aug 09 #138286 by Fiona
Reply from Fiona
In order to keep costs down many DIY sites offer a drafting service and have to be cautious not to say anything which might be construed as legal advice. The problem is if you have lived with unreasonable behaviour for longer than 6 months it can be said that the behavior was condoned.

Can you detail particular incidents, including dates? The effect of the behaviour on you can also be stated as it's difficult to argue about how someone else's behaviour makes you feel.

  • happyagain
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13 Aug 09 #138289 by happyagain
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This is pretty much what my partner was going to submit in his divorce petition only he worded it very carefully as he didn't want to appear too aggressive. It was worded something like this: 'there has been a complete breakdown of intimate relations between the parties'; 'the respondent has shown no interest in the emotional or day-to-day wellbeing of the petitioner for several years now'; 'the respondent has actively sought opportunities to spend as much time apart from the petitioner as possible', etc. This was all approved by his sol.
Unfortunately, being the thoroughly decent guy that he is, he contacted the ex to let her know what would be coming her way. Being prepared to accept no blame whatsoever herself for the marital breakdown, she rushed out to her sol the very next morning and issued proceedings the very next day (laughably, most of her 'grounds' were rejected by both solicitors as they happened so long ago as to be irrelevant, eg. 'the respondent got drunk one evening when I was pregnant and insisted on going out even though I asked him not to' - that was 11 years ago ...). So now the ball is in her court and he has to pick up her costs!

  • Fiona
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13 Aug 09 #138301 by Fiona
Reply from Fiona
Sorry, part of my last post was lost. :angry:

It can be said the behaviour was condoned because you continued to live together so the behaviour did not make it intolerable for you to live together.

  • FreshStart2009
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13 Aug 09 #138321 by FreshStart2009
Reply from FreshStart2009
Thanks for that, but even though it has been for a long time, and I have mentioned that we have tried to work it out and get the marriage back on track yet failed, would that still be seen as condoned?
It was hard enough to get her to agree to what I have put down, some of which I know she is not happy with, but the truth hurts I guess, and I want to try and keep this a 'clean' as possible for the kids sake so there is less stress on them.
Could I use lack of 'emotional support'? I have a close friend who passed away in June, and she showed no support towards me on the day of the funeral, and she went out with her mates after a show we were both working on. A friend of mine was there for me instead and I later found out that stbx claimed that I had my 'girlfriend' round and she did not need to give me any support, but that was not the case, I am not in any relationship now at all, and will not be until this is sorted.
I guess that's why its been so long in coming to this, I have been trying to keep it together for their sake, not mine.
S.

  • happyagain
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13 Aug 09 #138326 by happyagain
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Divorce is very subjective and so long as you can clearly state that your partners actions caused you upset / anger then, provided they are not flimsy, they should be accepted as grounds for UB. I think all the points you have raised should be sufficient enough - I appreciate Fiona's point about the 6 month rule but it is often overlooked by judges. You could reasonably argue that, as your first showdown was only 18 months ago, you had to give time for the changes to possibly occur.
I think that the lack of intimacy and emotional interest leading to low self-esteem would be strong enough points on their own.

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