I don’t really know where to start but I really could do with some advice.
I filed for divorce online in September, after a month I was notified that no response had been received, I contacted my Ex she replied with
I have received it but need to go through a solicitor and to re-issue the paperwork.
I had the paperwork reissued to her in October.
Middle of October I received a letter from her solicitor saying that they had been notified that I had filed for divorce online
Even though she had told me she was going to file
She had never told me this!!! A lie
They said that she wasn’t going to defend the petition and said that she was willing to sign the house over to me if I could get a mortgage on my own but she wasn’t going to payback monies she had previously agreed to paying back,
She has just received a large inheritance
They requested a few things from me which, one being that everything goes through them and to not contact my ex,
I provided them all the things they requested and agreed to the clean break agreement
Since the first contact with them I have heard NOTHING from them. My Ex contacted me to ask me to drop of some paperwork for her to sign for mortgage stuff, I requested a copy of the signed paperwork and confirmation of a date it was returned to the mortgage provider, I didn’t get this from either my Ex or her solicitor.
I have heard nothing from her solicitor since the middle of October or from her since the beginning of November.
7th November I received notice again that no response had been submitted to the court regarding the divorce for a second time.
I have contacted the solicitor on a weekly basis asking the following,
What is the delay/issue with submitting the acknowledgment of service to the courts?
Why haven't I received the draft copy of the clean break agreement?
Confirmation of the date the signed letter was returned to the mortgage company?
What would your client like me to do with any future post received at the matrimonial address?
Where I should send the paperwork that will need to be signed to remove her from the mortgage?
I have still haven’t received anything from anyone and don’t really know what to do other than try deemed service
Failure to respond may mean the solicitor has been disinstructed or that their bill hasn't been paid.
Write to them to aask if they are still instructed. There is a seven day deadline for returning the acknowledgement of service. In practice 30 days is tolerated. Beyond this you can apply for deemed service if you have proof that the petition has been received.
In terms of financial settlement, you should not sign over anything until you have a court order in place. It is open to you to get an order drafted using a service such as that provided by this site.
