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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.


How do you know when divorce has been processed?

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29 May 12 #333738 by nikitast
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Hi, im looking for some advise please.

My partner has been "going" through a divorce for quite some time now. I use the term losely as he''s not really done much about it other than return any forms he''s been required to fill out.

His ex filed said divorce against him and in November he received a letter from the courts saying the first hearing would be held in the first week of December (2011) should he wish to attend and that a following hearing would be held 6wks later.

We took this to be that by the first hearing he''d have a Nisi and that by the end of January his divorce would have been finalised and that he''d be entitled to a decre Absolute. The only thing is, he''s not heard anything since.

How does he know whether he''s divorced or not or whether he''s entitled to his Absolute yet? It seems strange that he''s not had any correspondence since, nor from her solicitor.

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29 May 12 #333744 by cookie2
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He should phone the court and ask. There should be a case number on the letter from the court.

Did he return the Acknowledgement of Service (D10)? Did he hear anything since then?

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29 May 12 #333746 by nikitast
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As far as i know the letter he received in December was the last correspondence he''s had in relation to the divorce. Prior to that he had received forms to fill out and sign which included the Petition itself and another saying he would accept paying fees (which i thought was silly for him to just accept)

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29 May 12 #333758 by cookie2
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That sounds like the D10. If he completed it properly then it would have been accepted by court and sent to his wife, Then she would need to file Directions for trial and swear her affidavit. If she has not done this then the divorce will not proceed. He can phone the court to find out if she''s done this or not.

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29 May 12 #333761 by nikitast
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Lovely thanks, i dont suppose you could guess at what the hearings would have been for could you?

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29 May 12 #333764 by cookie2
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If his wife has not filed for Directions for trial yet, then there won''t have been any hearings. If she had, then he should have been notified of them.

So my guess would be, she has simply not done this, therefore nothing has happened. The court can confirm this.

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