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.


Mediation without a divorce petition

  • AwaitingDivorce
  • AwaitingDivorce's Avatar Posted by
  • Elite Member
  • Elite Member
More
03 Sep 12 #353534 by AwaitingDivorce
Topic started by AwaitingDivorce
My wife says that we need to go to mediation over the divorce she has started. She says Ive not had any paper work yet (6weeks since she started it) as she need to sign to agree to mediation, then they will write to me. Surely I should have received a divorce petition first - how can we go to mediation without the divorce starting?

  • jslgb
  • jslgb's Avatar
  • Platinum Member
  • Platinum Member
More
03 Sep 12 #353539 by jslgb
Reply from jslgb
I cant offer you any legal advice whatsoever but my solicitor hasnt mentioned mediation to me at all. He has written to my stbxh to try and agree grounds prior to drafting a divorce petition which went ignored, so now we are just awaiting a copy of the marriage certificate before he can draft the paperwork.

As far as i am aware it has become a legal requirement to attend mediation before a divorce is granted but i couldnt tell you at what stage this needs to happen but i would imagine you''d have heard something within the last 6 weeks.

  • AwaitingDivorce
  • AwaitingDivorce's Avatar Posted by
  • Elite Member
  • Elite Member
More
03 Sep 12 #353540 by AwaitingDivorce
Reply from AwaitingDivorce
I have just rang the court and still nothing has been logged with them, they say that the court would normally be the one to decide if it goes to mediation ???

  • jslgb
  • jslgb's Avatar
  • Platinum Member
  • Platinum Member
More
03 Sep 12 #353541 by jslgb
Reply from jslgb
Do you know who your wife''s solicitor is? I think the general practice now is for them to make contact with you prior to beginning the divorce to agree grounds in order for the divorce to be more readily accepted. I would suggest there has been some hold up with it all if you havent heard anything.

  • AwaitingDivorce
  • AwaitingDivorce's Avatar Posted by
  • Elite Member
  • Elite Member
More
03 Sep 12 #353544 by AwaitingDivorce
Reply from AwaitingDivorce
I know who she is using.

WHat could be the delay ?

  • jslgb
  • jslgb's Avatar
  • Platinum Member
  • Platinum Member
More
03 Sep 12 #353547 by jslgb
Reply from jslgb
Could be a number of things i suppose. At this stage i would suggest either providing the marriage certificate or maybe sorting out legal aid if she qualifies. Have you tried asking her? Are you using a solicitor?

  • AwaitingDivorce
  • AwaitingDivorce's Avatar Posted by
  • Elite Member
  • Elite Member
More
03 Sep 12 #353555 by AwaitingDivorce
Reply from AwaitingDivorce
She is using legal aid and I gave her the marriage cert 5 weeks ago, I have a solicitor who has wriiten to hers, but so far no reply

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11