A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


How long a contested divorce could take?

  • NonMolest
  • NonMolest's Avatar Posted by
  • Elite Member
  • Elite Member
More
03 Dec 07 #8358 by NonMolest
Topic started by NonMolest
Hi All,

Anyone have any idea of how long a contested divorce could take?

Please advice me asap.

Thanks
NM

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Dec 07 #8361 by attilladahun
Reply from attilladahun
The Court will do all it can to dissuade the parties from wasting their money.

There are tactical ways to short circuit matters -

Often spouses defend cos they don't want to pay costs -which is rubbish as Crt can rule on that issue in isolation.

If spouse defends why not agree mutual cross decrees with no order for costs on the Petition and answer on the agreement that notwithstanding the cross decrees either party can deny any particular allegation should this be relevant in financial or children proceedings.

You could suggest this in an OPEN letter and if spouse refuses the DJ will put gt pressure at the next directions hearing.

If there is say a particular allegation spouse objects to the DJ may indicate at the next hrg that if you drop that allegation the DJ would still rule the Petition is still strong enough to proceed.

If you make the proposal give spouse 14 days to respond...then apply for "further dirctions of the Court".

When the DJ sees the open proposals spouse will likely get a *ollocking and the case could proceed undefended.

If you do this you could get a hearing before the Court

  • NonMolest
  • NonMolest's Avatar Posted by
  • Elite Member
  • Elite Member
More
03 Dec 07 #8364 by NonMolest
Reply from NonMolest
Hi Attilladahun,

Thanks for your quich reply, but unfortunately I didnt understand that fully. Is there any way you can describe in a more laymans language?

Thanks
NM

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 07 #8369 by attilladahun
Reply from attilladahun
Essentially the solution is a 1-1 draw

You get your divorce
Your spouse gets a divorce on the Answer filed
Neither claims costs against each other

Write letter to propose this

After 14 days if no reply you make an application to the Court for

"further directions of the Court given my open offer to compromise the proceedings on cross decrees with no order for costs"

The Judge will then put huge pressure on your spouse to see sense at the next hearing :)

Hope that helps

  • NonMolest
  • NonMolest's Avatar Posted by
  • Elite Member
  • Elite Member
More
04 Dec 07 #8398 by NonMolest
Reply from NonMolest
Hi attilladahun,

In my case I filed a divorce petition on her unreasonable behaviour. She filed a cross pettion saying she needs a judicial separation because of my unreasonable behaviour and there is a social stigma attached to Indian divorcee woman that is why she dont want divorce. Costs are not as much an issue i assume. She is on legal aid and I am paying privately. We have a 18 months old daughter and my xtb doesnt work at all.

There is a 2 days court hearing somewhere in May 08 for divorce. I am so confused now, cant find out what shall i do.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 07 #8416 by attilladahun
Reply from attilladahun
If you are able to prove the unreasonable behaviour her Cross Petition is going nowhere. She would have to succeed in having your Petition dismissed to make it a practical problem.

I imagine that your solr will try and set her up by agreeing to a divorce with no order for costs but only in the event she agrees to withdraw her Cross petition within 14 days -thereafter you will seek a costs order.

You see she is not seeking to end the marriage only JS....

so her app against you is irrelevant.

I assume solr has sought directions from the Court and W has refused to settle and the trial of the defended cause will be 2 days in May.

That will cost the parties a "bomb".

That is a very long delay -which Court is that listed at.

Answer may be found in the Court case of Rukat v Rukat 1974 case

If you send me a private massage with your e mail address I can e mail you the case report.A defence on stigma grounds would I believe fail.

In that case the parties tried to ague a defence under grave financial or other hardship.

  • NonMolest
  • NonMolest's Avatar Posted by
  • Elite Member
  • Elite Member
More
04 Dec 07 #8420 by NonMolest
Reply from NonMolest
My solicitor kept the divorce particulars to minimum in petition. I only put 5 points of her unreasonable bahaviour and lastly said if needed I can add more. In her reply she added 40 points of my unreasonable behaviour starting from the day one we married till now. She also sought NMO, Prohibitive steps order and Occupation order against me based on same 40 allegations she made.

The court now listed 2 days fact finding hearing in May08. Case is listed in Slough Couty Court(Berkshire).

What will happen If I wont be able to prove my particulars?

Both parties dont want to live with each other, but she wants JS and I want divorce. what could happen in that case?

I am paying half of my salary to her as SM and CM.

Life is getting terrible day by day and I never knew life can be so hard to live.

Your reply will be highly appreciated.

Thanks
NM

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11