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Final order cancelled

  • thewomble
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08 Dec 22 - 08 Dec 22 #520280 by thewomble
Topic started by thewomble
My divorce went through at the beginning of the month. I had a final order and a divorce certificate online. Today I got an email from HMCTS saying:

"Due to there being a backlog of work, the judge is currently processing the forms filled out by the other party because we didn’t get to them in time. The divorce has not gone through. You will get a letter in the post off the judge when they have made their decision."

How is this even possible with a no-fault divorce? Can I find out what she has claimed?

This is appalling. The children and I were so happy and relieved it was over.

Edit: I have checked apply-divorce.gov.uk and the timline indicator has rolled back to "response" (i.e. before the conditional order).
Last edit: 08 Dec 22 by thewomble. Reason: Add info

  • rubytuesday
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08 Dec 22 #520281 by rubytuesday
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Are the finances resolved yet? If not, is it possible that the other side has applied for a stay (delay) on the Final Order until the finances are agreed?

I can appreciate this must be very upsetting and confusing for you. There are high levels of cases in the Family Court at the moment, with extensive backlogs - some first hearings are being listed some 10 months or so ahead of when the application was made.

It may be worth writing to your MP about your experiences of the online divorce, and the Family Court in general. They may be able to ask questions of the Justice Secretary and the MOJ.

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09 Dec 22 #520282 by thewomble
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Thank you so much. I think that is the most probable explanation.

From hints she dropped I thought she was going to claim that I was not compos mentis.

We have not reached an agreement on finances. We do not have much in the way of assets but I am the one with the income. She did tell me that she does not want money from me, but she is also desperate to delay it. She thinks it will help with my application for an occupation order for which the hearing is on Monday.

Can she get a stay for a long time until finances are resolved?

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19 Dec 22 #520300 by hadenoughnow
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A lot depends on what the assets are and if e.g. there's a property in one party's name with a home rights notice on it.
You should get the ball rolling on financial settlement ASAP. If she doesn't engage you may need to consider an application to court after at least an attempt to involve her in mediation.


Hadenoughnow

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19 Dec 22 #520303 by thewomble
Reply from thewomble
No property - live in a rented house.

It looks like it was not an application for a stay, it was a late response - she did not respond in time but responded at the last minute.

She has now withdrawn the response, and it looks like I am divorced after all. She showed me an email telling her the late response fee was being refunded.

We have just agreed on terms for a financial settlement, and are now looking to get a Consent Order drafted quickly. The quickly matters because she wants me to drop an application for a consent order for which we have a full hearing (we had an initial hearing half hour hearing) in mid February.

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09 Jan 23 #520415 by thewomble
Reply from thewomble
I finally found out what happened because she had put some of the documents in a file with my documents in it too.

She has sent in a form D8B, after the deadline (and then another form and fee for permission to send it late) and the required fee.

She has ticked the "courts jurisdiction" box but the actual reasons she has given is that she believes I am not mentally fit to apply for a divorce.

Because of the backlog this did not reach the judge before the order was made.

The email from the court is simply wrong: the final order was made.

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