A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


Divorce on the grounds of 2 years separation

  • Felixstowe
  • Felixstowe's Avatar Posted by
  • Senior Member
  • Senior Member
More
26 Jun 12 #339384 by Felixstowe
Topic started by Felixstowe
Hi I hope someone can help,

I received a letter as respondent from my ex''s solicitor regarding a divorce asking for my consent as it was on the grounds on 2 years separation. As the draft Petition given for me to look at had inaccurate separation dates (we were very much still married) I replied to the solicitor stating that as the above dates were in accurate I could not consider the petition and to resubmit one to me with accurate dates again for me to consider. Got a notice today from the courts as his solicitor has submitted the divorce petition stating on it that I had consented and they are now requesting I answer within 7 working days to confirm or deny consent essentially. Although I now agree with the date of separation the petition has another incorrect date in it, birthdate of one of our children and I don''t feel I can give consent to essentially an inaccurate divorce Petition. This inaccurate date of birth was found by me when I was looking over it not so long ago and I was going to wait for the next draft petition and then would have pointed it out, it could have been changed and then I could have actually given proper thought to a correct petition.

Wondering what to do? Do I send the paperwork back stating I don''t consent?

Hope that makes sense.

  • Lostboy67
  • Lostboy67's Avatar
  • Moderator
  • Moderator
More
26 Jun 12 #339398 by Lostboy67
Reply from Lostboy67
Hi,
I don''t know what the official route is but I would think contacting his solicitor and making him aware of the inacuracy would be the first step, and then take it from there, they may need to inform the court of a correction.

LB

  • Felixstowe
  • Felixstowe's Avatar Posted by
  • Senior Member
  • Senior Member
More
26 Jun 12 #339401 by Felixstowe
Reply from Felixstowe
Thanks for the reply

Have told him about the wrong dates and I have left his solicitor a message to ring me tomorrow. It''s the 7 day thing that''s bothering me, basically i think I want to consent to the divorce just want a correct one in front of me, feel a bit like I''m bring harassed into it with how he''s behaving. Suppose I better get a solicitor now.

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
26 Jun 12 #339404 by cookie2
Reply from cookie2
Don''t worry about the 7 day thing. Hardly anyone ever returns it within that timeline, and the consequences for being late (especially for a 2 years separation petition) are completely non-existent. It''s very common for the AoS to be returned a month or more later.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11