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Spouse moved address

  • Toonicetogetdivorced
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14 Jan 22 - 14 Jan 22 #518576 by Toonicetogetdivorced
Topic started by Toonicetogetdivorced
Hi, I have completed Form A for financial relief and I am concerned about a couple of things.

I have 6 weeks and 1 day before my spouse applies for the absolute (he has always maintained he just wants the divorce!). I applied for ancillary relief on Monday 11th January 2022, and was told it could take 5 weeks to process!

Secondly, I think he may have moved address. I am not certain but as correspondence was going through my solicitor by email (I am now litigant in person) and I was not in contact following advice by my counsellor (the relationship was financially, mentally and emotionally abusive) I am not sure if he has been served notice of ancillary relief.

I am not sure what I can do about getting the notice served, checking he’s had it or how to correspond with him.

Please can someone help me ?
Last edit: 14 Jan 22 by Toonicetogetdivorced.

  • fairythud
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15 Jan 22 #518579 by fairythud
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Can he be served notice electronically. ie by email and use the ‘email delivered/read receipt’ options to know he got it?)

  • hadenoughnow
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15 Jan 22 #518585 by hadenoughnow
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Have you been told to serve it? Normally the court sends out the Notice.

Emails, WhatsApp messages etc with read receipts may satisfy the court he is aware of proceedings. If he has a solicitor, send the Notice to them too.

He should have informed the court of any changes in address.

If there is a good reason to object to the Decree Absolute being granted, you may need to make an application to stop it going ahead. You cannot rely on a financial remedy application to stop the process. A good reason would be e.g if there is a home rights notice in your name against a property in his or if he has a substantial pension. Your financial claim does not end on Decree Absolute.

If you are now going to be LIP you may want to have a look at the low cost services we provide to help you through the process.

Hadenoughnow

  • Toonicetogetdivorced
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16 Jan 22 #518595 by Toonicetogetdivorced
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Thank you, he probably won’t tell the court he has moved address because he’s trying to shake off bad debt but I am assuming I can tell them if I can be certain of it.

I have applied for a stay of divorce and sent a d11 to the court. I called them ans they said they’d put a note on the file so he can’t apply for dissolution until the stay looked at.

I applied on the basis that pensions are all I have, they are substantial (600k) and I’d lose spousal benefits such as death benefits.

The court were very nice and advised 99% time the reason they are asked to stay is because of finances not being settled.

So fingers crossed the ancillary relief will be started and sorted before the marriage is dissolved.

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16 Jan 22 #518596 by Toonicetogetdivorced
Reply from Toonicetogetdivorced
Thank you for that, I have 2 emails for him so I can advise the court of these if I am certain he has moved address.

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