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5 year separation petition any complications

  • Kraggle2018
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7 months 1 week ago #510573 by Kraggle2018
Hi All,

I am currently in the middle of a divorce on the grounds of 5 year [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url].

My ex wife is currently refusing to sign the acknowledgment of service so awaiting her to be served with the papers.

I am currently at my wits end as to what comes after this (I have scanned the Internet 3 days straight) and have so many questions

Is the judge likely to reject the Decree Nisi application (for any reason)

Can the respondent stop the divorce for any reason now? Can she prevent the Decree Nisi or decree [url=Glossary/General/Absolute.html ]absolute[/url] in anyway?

We do not have any financial agreement. I have constantly attempted to come to a personal agreement with multiple offers (all of which have been ignored) I have no major assets or pensions. We only have the matrimonial home which under joint tenancy. We have 2 kids who live with me in the matrimonial home for the last 6 years and cared for them solely . We previously went to family court for children matters in which the respondent was requested to take a hair strand test for visitation (she is an alcoholic). She never did this and has chosen to move away and hasn’t attempted to contact the children in those 6 years. When we separated, I obtained an occupational order for me and the kids to live in the matrimonial home.

As far as I know, she is currently resides in a council flat and does not work. She has only recently started paying child maintenance (£6 a week for 2 kids) and currently in arrears of approx £300.

From the correspondence I have received from her, she seems to have no demands but content and happy enough to try and throw as many spammers in the works to try and prevent this divorce for no other reason than causing me expense and stress with no regards to the children. (She isn’t a nice person and mentally abusive during the marriage)

Sorry for the essay but I’m extremely worried that there will be no end to this torture. I’d like to finalise this as soon as possible.

So any expert advice would be massively appreciated

Thanks again

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  • .Charles
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7 months 4 days ago #510616 by .Charles
There is no real defence to a 5 years [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] petition. All you have to do is convince the court that the respondent has received the petition which can be done by personal service to which you have alluded.

The finances should ideally be sorted as soon as possible and it might be beneficial to do this whilst the children are with you. The last thing you want is for your ex to turn up in 20 years demanding half of the property. This can and does happen.

Charles

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7 months 4 days ago #510617 by Kraggle2018
Replied by Kraggle2018 on topic Re:5 year separation petition any complications
Thanks Charles,

I have read a few things stating that the respondent can potentially delay proceedings based on the fact that they will suffer financial hardship as a result of the divorce. How likely is this scenario?

I believe she is already in financial hardship as she hasn’t really worked since the [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] and has no savings or assets apart from the home.
I also have no real assets apart from the home. I am 36 and work (get paid reasonably well) I have a pension which isn’t at great value. She is 51.

I will act on financial matters afterwards as I know that with her personality it will take a lot of effort and negotiation. I just really want the divorce out of the way first as the whole marriage is a painful reminder of the suffering I endured.

Thanks again

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7 months 1 day ago #510649 by .Charles
Have you been providing financial support for the last 5+ years? If not, it would be difficult to establish that financial hardship will occur because of the divorce.

Financial hardship has to be demonstrated. It's not enough to say \"I'll be hard up\". Any inequity will be resolved in the financial proceedings.

Charles

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