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.


can my ex stop the divorce?

  • emz73
  • emz73's Avatar Posted by
  • New Member
  • New Member
More
07 May 12 #328967 by emz73
Topic started by emz73
help...i have been separated for 2 and a half years... after years of putting up with my ex''s manipulating and controlling behavior and a few affairs thrown in i decided id had enough and asked him to leave. i waited until the 2 years were up and told him i was applying for divorce myself. the day i was applying i got a letter from his solicitor saying he was divorcing me. that was fine as long as it got done i didnt care, i have 2 daughters at home ages 14 and 16. im now in a new relationship. since being in this relationship ive had nothing but grief from my ex. i signed the divorce petition and along with my marriage certificate which i gave and this is sat in the courts waiting for him to apply for the Decree Nisi. this has taken 6 months to get this far. letter after letter from his solicitor about my children which has no relationship with their father as they dont get on with his partner. he also has a 1 and a half year old child with this partner. he has heard that myself and my partner have bought a house, but staying in the same town. i was told that he feels it would benefit my daughters if he delayed the divorce for longer. god knows why!!! i understand i can apply myself for a divorce through the courts which i intend to do this friday. is this true? i have already paid half of his court costs but i will no pay the full costs myself if i am to apply. i just want to be free of that man. i understand that if he dosnt sign the courts can send bailiffs is this true? i hope someone can help im at my wits end now.:(

  • margarita2309
  • margarita2309's Avatar
  • User is blocked
  • User is blocked
More
07 May 12 #328971 by margarita2309
Reply from margarita2309
Hi, I can only give advice based on my own experiences, Firstly if he has filed the Petition in the court, the judge will grant the Nisi, then about 8 weeks or something like that you may apply for the Absolute to make it final, however you''ll need a Clean Break order, so that he has no claim on any of your assett, Did you receive any documents from the court stating your Nisi was declared? If you file a petition and he refuses to sign, then you may have the petition served on him by the court Bailiff or a process server privately, once served the process server signs an affidavit and that too is sent to the court to confirm that the papers were signed on him, My X husband refused to sign the papers and I hired a private process server and for £85 it was all done in 2 hours from when I gave the process server the papers to him signing an affidavit.
Perhaps you should go and see a solicitor from some specialist advice

  • emz73
  • emz73's Avatar Posted by
  • New Member
  • New Member
More
07 May 12 #328975 by emz73
Reply from emz73
all that is in the courts is my marriage certificate and the Petition that the courts sent me to sign. i went into the courts last week and they said that i can apply myself aslong as i put a covering letter explaining that my ex is not proceeding. i will have to pay the court costs again but that is fine.

  • Swedechick
  • Swedechick's Avatar
  • Junior Member
  • Junior Member
More
08 May 12 #329082 by Swedechick
Reply from Swedechick
before you can apply for the divorce yourself you have to dismiss the divorce Petition,I had to do this myself you need form D11 fill it in explaining why and send it or hand it into the courts it costs £45,they will then dismiss the divorce Petition and send you back your marriage certificate for you to file for the divorce,if your stbx does not acknowledge your divorce petition (sign it)then you hire a process server,to serve the papers on him,you then have to wait 30 days to be able to apply for the decree Nisi with the affidavit from the process server,here is a link to download the D11 form,the reason I know all this information is because this happened to me
www.familylaw.co.uk/system/uploads/attac...ts/0002/0835/D11.pdf

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
08 May 12 #329106 by cookie2
Reply from cookie2
You should write to his solicitor first. You should say that unless the existing divorce Petition is progressed and Directions for trial are applied for within 14 days, you will be applying to dismiss his petition and file your own, and that you will claim the costs of doing so from him. That should give him the kick up the bum necessary to take action. If after 14 days he has not done so, then go ahead and dismiss his petition for lack of action.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11