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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.


Process Server

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20 Mar 12 #319064 by angel_fire
Topic started by angel_fire
If anybody could help please,this whole divorce has been going on for 2 years with my stbx dragging his feet to the point of me having to pay a Process server,The Process Server has now served the divorce papers to my stbx,how long does the courts give him to return signed papers,and if my stbx still doesn`t sign the papers what happens next.

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20 Mar 12 #319076 by jonathancj
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He''s got seven days to acknowledge service. After 14 days you can apply for a decree using the bailiff''s statement as proof of service.

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21 Mar 12 #319267 by angel_fire
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Thank you for the quick reply do you know if I have to use the bailiffs statement if this is going to cost me anymore money apart from having to pay for the absolute

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21 Mar 12 #319275 by .Charles
Reply from .Charles
Bailiffs have a lower/slower success rate. Process servers charge for the time they spend but if service is effected on the first attempt the costs can be as little as £50 + VAT. The bailiff charges £100 including VAT.

Charles

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21 Mar 12 #319278 by angel_fire
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sorry charles I dont think I put it right the process server has served the papers on my stbx what im asking is if my stbx still does not sign the papers and i have to use the process servers statement as proof of service will this cost me anymore in court fees apart from the £45 for the absolute

angel_fire

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21 Mar 12 #319330 by .Charles
Reply from .Charles
Ah, I see. You use the affidavit of service as proof that the respondent has been served with the Petition when you apply for a Decree Nisi.

If a judge believes that you are entitled to a decree Nisi a ''certificate of entitlement to decree nisi'' is issued and you then wait for 6 weeks and 1 day before applying for your Decree Absolute with the £45 that you mention.

There is no additional fee for following the process as described above although you will have to pay to swear your special procedure affidavit which will be £7 unless you get it sworn at court in which case it will be free.

Charles

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22 Mar 12 #319450 by angel_fire
Reply from angel_fire
thank you so much for the quick reply charles hopefully this will all be over soon and i can get on with the rest of my life

angel_fire

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