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

01202 805020

Lines open: Monday to Friday 9am-5pm
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.


Already filed, awaiting response

  • Boycott
  • Boycott's Avatar Posted by
  • Junior Member
  • Junior Member
  • This too shall pass, make peace with you.
More
04 Apr 22 - 04 Apr 22 #519093 by Boycott
Topic started by Boycott
Hello,
I filed my petition online and was notified March 14th that it was issued by post to the respondent. The process outlined 7 days for the court to get a response from the date of service. In the interim I advised the respondent that I filed and presented a Separation Agreement for consideration. How do I know when the respondent was served?

Reasonably, I expect that they received it by March 18th and so 7 working days from then would be March 29th. It more than full two weeks after and there is no notice posted online, nor was one sent to me.

How do I proceed with the Decree Nisi?

I am self-represented and would like to know when I can file the conditional if I don't receive notice of a response. The respondent mentioned consulting with a solicitor, so I am thinking one is involved on their end.

Does anyone have any pointers or insight to assist me?
Last edit: 04 Apr 22 by Boycott.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
05 Apr 22 #519096 by rubytuesday
Reply from rubytuesday
You will need to wait until the respondent has filed a response before being able to apply for the Nisi.

You mention that they are "consulting with a solicitor", so it's probably likely that a response will be submitted very soon. If no response is received after, say another 2 weeks, I suggest you write to your spouse, asking them when they will responding and that you ask them to do this promptly to avoid unnecessary delays, and to enable you both to move forwards and start looking at the financial settlement aspect.

If you have petitioned on the basis of either behaviour or 5 years separation, you can make a separate application to progress the divorce - divorce.wikivorce.com/guides-divorce/how...nd-to-the-court.html

  • Boycott
  • Boycott's Avatar Posted by
  • Junior Member
  • Junior Member
  • This too shall pass, make peace with you.
More
06 Apr 22 - 06 Apr 22 #519103 by Boycott
Reply from Boycott
Thank you, it was based on 2yr separation. They were good with everything except the real property division. They have so far refused to say what is the contention so that we can negotiate. Instead, they asked for a commitment to enter mediation and I said no, I cannot afford it and I did not claim court costs in the petition. They have a pension, I don't and I waived my right to theirs in the offer. The only asset to divide is the FMH, from which I requested my share of equity or 40% share of sale proceeds.

I cannot afford to file another petition.
Last edit: 06 Apr 22 by Boycott.

  • rubytuesday
  • rubytuesday's Avatar
  • Moderator
  • Moderator
More
06 Apr 22 #519106 by rubytuesday
Reply from rubytuesday
As you've used 2 years separation, you will require the agreement of your spouse for the divorce to be able to proceed. If they do not respond, or withhold thier agreement to the divorce, you will need to amend your petition to that of behaviour. The amended petition will then be sent to your spouse, if they still refuse to engage with the process, you will need to follow the steps in the link I gave in my previous post. You don't need to submit another application.

mediation is a useful way to resolve any outstanding issues over finances (and child matters) - refusal to attend may look as though a person is being obstructive and forcing a court application to resolve the matter. Mediation should always be attempted prior to making a court application (unless the person is exempt from attending mediation).

I suggest you write to the other side to find out what the delay is before taking any further action.

  • Boycott
  • Boycott's Avatar Posted by
  • Junior Member
  • Junior Member
  • This too shall pass, make peace with you.
More
22 Apr 22 #519228 by Boycott
Reply from Boycott
I contacted them and they have responded. Decree Nisi has been filed, but still no word on the real property division.

  • Boycott
  • Boycott's Avatar Posted by
  • Junior Member
  • Junior Member
  • This too shall pass, make peace with you.
More
26 Apr 22 #519235 by Boycott
Reply from Boycott
They are delaying negotiating the property settlement and seem preoccupied thinking I have legal representation. I don't, and if I did, they would know because the petition would have stated so. That aside, if my offer waived rights to their pension (i have none) and only seek my share of the FMH equity. Is this unreasonable? I do not want to have this dragged beyond the Decree Absolute.

  • Boycott
  • Boycott's Avatar Posted by
  • Junior Member
  • Junior Member
  • This too shall pass, make peace with you.
More
26 May 22 #519379 by Boycott
Reply from Boycott
The Decree Nisi has not been granted as yet and they did not respond or try to negotiate the Separation Agreement I sent first. Instead, they responded with a prefilled Consent Order, Form A and Form D81 and have me as the respondent.

I don't agree to any of it and at this point I am very concerned that my signature may be forged. They disclosed a State Pension Fund account in my name, which I knew nothing about. How do I alert the court about this concern?

Also, the FMH purchased during the marriage was titled in their name only and they claim the mortgage is as well, however I contributed to our household. The property I lived in before marriage is not titled in my name (it is my deceased mom and there was no will, there are multiple living children) and I/we have not resided there at any point during the 12yr marriage but they have listed it as a marital asset.

How do I alert the court about my concern that my signature might be forged on these forms and documents?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11