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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.

What happens if stbxh refuses divorce?

  • jslgb
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28 May 12 #333422 by jslgb
Topic started by jslgb
Hi All,

So my solicitor wrote to my stbxh last week to initiate divorce proceedings. I havent received a letter of my solicitor yet so not sure if stbxh has either. My question is, can my stbxh refuse the divorce? And if so, what happens then?

Stbxh has been in a relationship with the same woman for 20 months - we''ve been separated 18 months - so really there is no reason to refuse the divorce but we dont get on at all. He has never asked for a divorce despite being in a long term relationship so i''m concerned he may refuse out of spite. Petty, i know, but my ex all over!

Any advice??

  • cookie2
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28 May 12 #333440 by cookie2
Reply from cookie2
No, he cannot refuse the divorce. He can do the following:

1) Consent to it
2) Contest it
3) Ignore it

If he contests it then he is wasting his time and money. The fact is, if you want a divorce then you can have one whether he likes it or not. Quite a few people claim they are going to contest a divorce but in reality very, very few do.

If he ignores it then there are steps to get around that. His signature or cooperation is not required.

The only caveat is the grounds used. If you use 2 years separation with consent, he obviously must give his consent. If you use adultery then there is a strong burden of proof which for all intents and purposes means he must sign a confession. If you use unreasonable behaviour then you can get the divorce no matter whether he agrees, cooperates, throws a wobbly or ignores it.

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