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Read our latest Financial Settlements guide (2021)

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.

Stopping Divorce Proceedings?

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discovermike
Posted by
Premium Member

30 Nov 09 #166230 by discovermike

Topic started by discovermike

Hi,

I have sent a divorce petition to the court via a solicitor, my wife has ad a letter from my solicitor saying that it has been sent to the county court, we are now seriously talking about trying again? I know this is very dodgy and needs to be considered carefully at this late stage! But for information I need to know if I can stop the petition (it's been with the court less than a week) and what the implications of doing so are? If it cannot be stopped at tis stage when can it? and again what are the implications? Thank you

dukey
Moderator

01 Dec 09 #166524 by dukey

Reply from dukey

The very best of luck Mike

While its still early days it may be worth leaving the Petition as it is, if your wife doesn't respond and you do nothing in return that's what happens nothing and it can stay that way for a year, if after that you do both decide to divorce the court may require an explanation for the delay in proceedings.

Marshy_
Platinum Member

01 Dec 09 #166530 by Marshy_

Reply from Marshy_

I agree with Dukey. Leave it as it is. The 1st decree is Nisi. Your not divorced. Its just the 1st phase. The second phase is Absolute. Thats not just granted. You have to apply for it and pay for it. You have to wait 6 weeks and a day for the right to apply for it. But as dukey says you can just not apply for it. And it just sits there. But once you apply for the Absolute you cant stop it.

Proceedings can have the effect of sorting things out. Once you get the pettion its then real. Perhaps thats why she is talking reconciliation. If I was you I would start counseling to see if you have a chance. And if you dont at least you have tried and you can apply for the absolute. But good luck. Hope it works out. C.

SPACEMANOEUVRES
Premium Member

01 Dec 09 #166579 by SPACEMANOEUVRES

Reply from SPACEMANOEUVRES

Hi mike
wish you all the best with this.
My situation is similar to yours and my wife is avoiding me, wont discuss if any way back or what to do with house (except she living in it) so i hope it works out for you
suppose thats the way the cookie crumbles
ta space

Elle
User is blocked

01 Dec 09 #166592 by Elle

Reply from Elle

The guys have covered your questions mike....I just wanted to add my best wishes and hope you both work this out....keep us posted...am a sucker for happy endings!

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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