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what are the proceedings of a divorce

can the court order a divorce? my partner is trying to get the house from me and is insisting i sign on the divorce papers what are my rights?

reception Wed 09/07/08 17:39

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voltr4m4x
Thurs 10/07/08
12:24

Whatever else you decide to do SIGN NOTHING. You would also be well advised to consult with a lawyer who specialises in matrimonial law. Some solicitors do not charge for the first 30 minutes consultation, but in any case stand your ground.

Bethany12
Wed 30/07/08
12:56

In certain circumstances yes, the court can decide that a marriage has broken down irretrievably and make an order for divorce. But any divorce petition (which is probably what the papers are that you are being asked to sign) will have to state clearly what those grounds are, and you do have the right to contest such a petition. You need to take the papers to a solicitor specialising in divorce law and get advice straight away.

Your partner can't "take the house from you" even if it is in his/her sole name, as if you are married, you have an entitlement to a share in that property. If the house is in his/her name you need to get a solicitor to register a spousal charge against the property IMMEDIATELY to prevent your partner selling it without your consent. If he/she did do this, restrospective claims can be expensive, prevention is better than cure.

Don't get into any argument, don't sign anything, and tell him/her that you are consulting a solicitor immediately and it will be handled through them.

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