Could someone just clarify the procedure of the divorce. Received my Affidavit today which i have to sign but although the x2b has agreed to divorce, she does not agree to the changes i would like regarding the Statement of Arrangements. And nothing has been mentioned about finances??? What happens now??
It looks like I will be returning to court with regards to increasing access but is the children and the finances completed before the Absolute can be issued.????
I am assuming you are the petitioner, if so you can delay the proceedings by the following.
Wait as long as possible to file your affidavit, when filed it will take some time for the nisi to come through, currently courts are very busy, it's the season for divorce.
Once nisi comes through the petitioner can apply for absolute exactly 6 weeks and 1 day after, but could in theory delay applying indefinately
However the respondent can apply for absolute, 3 months and 1 day after the time allowed to the petitioner, therefore the respondent could apply for the absolute 4months 2 weeks and 1 day after nisi pronounced
Any disagreement over children if not agreed by both parties, will be dealt with by a court ruling, it is best to sort the arrangements out between yourselves.
Yes, i am the petitioner.
Although i am aware of the 6 week 1 day rule, my question was more to do with children and finances.
Will my solicitor automatically start the ancillary relief procedure. Im actually claiming off her as both homes we lived in where in her name only so she got all the equity when we sold them!!)
The Child (ren) access should be sorted our before the absolute, I note you are saying that your s2tbx does not agree with what you have offered.
It is best to get that sorted out between yourselves first, if she is just asking for reasonable access say average 3.5 days per week, then it shouldn't be a problem, unless you live considerable distances apart, if so then practicality has to come into it.
With regard to the finances, I note you have stated that both homes previously lived in were in her name only, fact is in England & Wales married couples jointly own all assets bought in marriage, all gifts received in marriage, any assets brought into marriage are also accounted for, subject to length of marriage.
The process is not automatic, and if you are using solicitors, you need to instruct them on exactly what it is you are seeking
Thanks for answering my questions, x2b is a nightmare!!! and thats putting it mildly, (she told the courts her baby was due 6 weeks early to try and stop me taking my daughter on holiday - just one example!!)
Anyway, i live in the next village to her and i have my little girl every wednesday (5pm to 7pm), every other Monday (5pm to 7pm) and every other weekend Friday 6pm to Saturday 6pm. All im asking for is Friday 6pm to SUNDAY 4pm (every other weekend). In the papers i also have requested 5 weeks of the school holidays.
I dont think im being unreasonable and know i will proberbly end up in court. Do you think i will get the additional access/holidays??
I pay maintanence every month without fail. Daughter is 3, will be 4 in August
I don’t think there is anything other than a nightmare for divorcing couples and especially if one side does not want it, try as much as possible to keep children out of the reasons for the divorce and any animosity between you and your spouse
I cannot give you specific advice as it is up to you both to come to reasonable arrangements between yourselves and if at all possible not to involve the courts other than to put down in an order exactly what you both agree.
If I were in your position I would write down the needs of the child in terms of her future, she needs to have a Mum, she needs to have a Dad or someone to look upon as a Dad.
If you wife has taken in another man or intends to do so in the near future, then you need to act quickly to ensure the child knows who her Dad is
I would say that the access you are seeking is reasonable, but I am not a judge, try and get your wife to see your point of view or at least negotiate say every Wednesday, Every Alternate Monday, Every alternate Friday to Saturday and possibly once a month for a longer period say Friday thru’ Sunday