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Petition has been sent to court....can I delay?

  • deve
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22 Oct 07 #5084 by deve
Topic started by deve
My solicitor sent the divorce petition to the courts 4 weeks ago. My ex2b plans to move abroad with his new gf by Christmas so I wanted to push for the Decree Nisi asap before he disappears and fails to sign the papers hand over power of attorney so that I may sell our assets.

Now I am thinking that we should delay as he has now got himself engaged to this woman after just 3 months of knowing her and plans to 'do a runner abroad' (I have evidence of this).

The idea is to make his adultery and unreasonable behaviour appear absolutely insane to the courts as he has left the country leaving myself on Mat leave, a 6mth old baby and 2 mortgages, and by dragging it out and letting him go first, would this be more financial beneficial to me?

Also, on a personal note.....this will scupper their marriage plans...LOL!

Deve x

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22 Oct 07 #5097 by gone1
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Hi Deve. Divorce is no blame in the UK. It dont matter what he does. I would leave it in place and just let the divorce run its course. In my case my ex had commited adultary and moved her BF in whilst I lived in sqauler in the garage and the conservetory. My sol was appaled at this behavour but it dont matter realy in the scheme of things. To top it off she is divorcing me for UB!! But I made all the reasons up for her and its poetic justice in a way becuase she is paying haha.

They cant get married until the absolute is declared. I wouldnt go the cross pettion route as the costs is astrinomical and its a waste of money and his divorce will still suceed. Just make things happen as quickly as you can and be free of this ars3hole and be glad that his sad arse is out of your life. Chris

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22 Oct 07 #5098 by Vail
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Deve,

Chris is right in that there's no point to defend the application for the Decree Nisi, but I suggest you object to the decree being made absolute until the finances are sorted out because not only would you lose any rights to his pension but you may never get any cooperation from him again.

You may need a solicitor to do it for you but if not, after the nisi has been granted write to the court with all the references of the case stating that you object to the pronouncement of the absolute stating the reasons (pension provision etc) and that way he cannot marry without becoming a bigamist.

Good luck!

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