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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.


Divorce without signature - next step

  • charno_1
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01 May 12 #327712 by charno_1
Topic started by charno_1
My girlfriend is trying to get a divorce from her ex husband, however he point blank refuses to sign the papers.
He has sent text messages to say that he has received the Petition and refuses to sign them.

Would the next step be asking a bailiff to serve the papers and get a signature that way (although she is convinced he still wont even sign them then) or can the text messages be used as evidence of receipt and if so what forms would be needed from the courts?

She is trying to do this as a DIY divorce to save costs. There are no assets involved or children issues and separation is over 12 months.

  • WhiteRose
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01 May 12 #327727 by WhiteRose
Reply from WhiteRose
Hi Charno,

Welcome to Wiki

What are the grounds of Divorce?

If its UB, yes a Baliff or Process Server (slightly cheaper option I''m led to believe)

If its 2 years separation, she does need his consent, if its 5 years separation, she does not need his consent. If its Adultery he does need to admit it as its difficult to prove.

Do you know why he is refusing to sign?

WR

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01 May 12 #327783 by charno_1
Reply from charno_1
Hi WhiteRose,

Yes the grounds are UB and the separation is almost 2 years.

His reason for not signing is that he is being awkward as there is no personal gain.

Cheers

Charno

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02 May 12 #327839 by Swedechick
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My stbx wouldnt sign either,mine was UB and hired a process server which cost me £100 to serve the papers on him that was enough to prove to the courts that he had received the papers,and to be granted my Decree Nisi date,with the process server serving the papers you do not need your stbx signature,if the divorce is UB,hope this helps

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03 May 12 #328242 by charno_1
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Thanks Swedechick,

Did you use a Solicitor or did you do the process yourself?
The reason i ask is that this is a DIY one and after getting a process server are there any further forms she would need to complete to get the process moved on?
The court sent out a D11 but that doesn''t seem to be the right form to complete.

Charno

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04 May 12 #328300 by Swedechick
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The process server I found online,

pbcollection.co.uk

They will need the divorce petition and some form of identification of your stbx like a photo of your stbx,they will also need to know between what hours your stbx will be at his home address etc,the process server will then serve the papers on your stbx,when they have served the papers the process server will send you a Certificate of service or a sworn affidavit of service,that is your proof for the courts that your stbx has received the papers,you then do not need his signature,you have to wait 30 days for your stbx to acknowledge the divorce petition,if he still doesnt sign like mine didnt you then have to attach the affidavit that the process server sent you,to your paperwork and your own affidavit sworn to apply for the decree Nisi,you can get your own affidavit sworn by walking into any uk court house and a clerk at the desk will do it free of charge,I hope this helps

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04 May 12 #328311 by Swedechick
Reply from Swedechick
forgot to say the form you will need for your sworn affidavit is Form D80B - Affidavit By Petitioner - Unreasonable Behaviour
You can download it here
www.wikivorce.com/divorce/Resources/Libr...tion_c174_m1852.html

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