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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 do I do now?

  • Millie73
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01 Oct 12 #358739 by Millie73
Topic started by Millie73
So far, petitioned for divorce - grounds of 2 year separation; ex did not respond to Aknowledgement of service but instructed solicitor to sort the finances.
Loads of correspondence going backwards and forwards from solicitors asking me to sign the Consent Order - all her terms.

I applied for deemed service, using her solicitors letters as evidence. Deemed service granted.

Next step - early June - applied for Decree Nisi. Not heard anything back from courts. Chased it up by letter and now I get notice saying:

decree cannot be granted as "without formal Acknowledgement of Service or some other written and signed consent from the Repspondent, there is no evidence that the Respondent Consents to the Divorce, which is needed if the Petitioner wishes to rely on 2 years separation as a ground".

The court notice then goes on to say - "The Petitioner should deal with the above matters and renew the request for Directions for trial".

So, ex has now dismissed her solicitors, changed her phone numbers and has ignored my letters. I really think it is impossible to get her to sign her consent.

She has been living with another guy for the past 4 years (crafty - he''s not on the electoral role though).

What do I do - how on earth can I get this Divorce through so that I too can get on an enjoy my life?

Would I be better off starting the whole process again but under the terms of Adultery or Unreasonable Behaviour? I imagine she will do exactly the same again and I will end up having to get deemed service again - but if this happens, can I then go ahead and get the decree nisi?

Many thanks

  • rubytuesday
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01 Oct 12 #358742 by rubytuesday
Reply from rubytuesday
How very frustrating for you :(

I don''t see the point in issuing another Petition, especially one for adultery, as she is probably unlikely to sign the paperwork admitting to that act. UB is a series of allegations, and if she won''t sign the AoS based on a straight-forward fact, then is she likely to agree to a divorce where UB allegations are cited?

I would move forward to deemed service and have the Petition served on her by a process server, despite the extra costs and time, it would mean that Court could proceed the divorce as uncontested, providing the process server verifies that she has received the petition, or is untraceable.

Hang in there - there is an end to all this.

  • Millie73
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01 Oct 12 #358749 by Millie73
Reply from Millie73
I don''t understand this. I already have deemed service. It was after this was granted I then applied for the Nisi.

  • dukey
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01 Oct 12 #358756 by dukey
Reply from dukey
What the judge is saying is there is no consent, you cannot divorce on the factor of two years separation without consent, deeming service on this basis is pointless, the court should really have warned you about this.

What you need to do is amend the application (petition) to unreasonable behaviour, its costs £90 then send in Directions for trial again, chances are you will have to serve him again unless he responds.

  • Millie73
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01 Oct 12 #358771 by Millie73
Reply from Millie73
OK, thank you, I understand.

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