What happens if one partner wont sign?

xmaslolly76

This is just something that has been niggling at me. Me and my partner are still married to our ex partners we want to get divorced and get married to each other now my divorce will be straight forward me and the ex are now on good terms we have sorted access and maintenance and there is no money involved so its just a matter of sign the papers and we are all done. My partners ex on the other hand seems to live in cloud cuckoo land expects everything handed to her on a plate for example they had a house that she up'd and left leaving my partner to foot all the bills and the mortgage she refused to pay anything towards the mortgage and my partner got in abit of amess and couldnt afford to keep it after being made reduntant he then set up for the hosue to be handed back to the mortgage company she went up the wall and said she would take over the house. this was fine by partner he just wanted out so he told her to get on with it and he would sign anything that was needed so that she would own the house and he would no longer be tied to it. This was not good enough as her and her new partner could not afford a new mortgage so expected my partner to keep his name on the current mortgage and they would continue paying. I said she was taking the perverbial we are expecting our first child and do not want to be finacially tied to a couple of dope heads (we know this for a fact as she was smoking the stuff when they were still together one of the reasons for the split as my partner hated it) who shoot through when things get a little tough plus the fact she has now been off work for the last 8 months on the sick ( apparently she is depressed I wander why?). Anyways back to the point i have this awfull sinking feeling that even if he gets everything sorted and she just has to sign that she will refuse just to be flaming awkward and get up our noses. If this is the case what is the procedure is there anything we can do to force the divorce through or does he have to put up and shut up which leaves us in limbo ?

busiscoming2

Hi Sorry to hear about your situation, the only advice I can give is see a solicitor. As you say from your side everything should be easy, but his 'past' could be the fly in the ointment! He really should have done the house thing legally from the outset.

xmaslolly76

He would have done Bus but she just disapeared off the face of the earth and only conatcted him on a withheld number when she wanted something. He tried to discuss it with her even offered to buy her out (before he got made redundant) but she wouldnt have any of it she basically wanted her cake and eat it and the house only became a contention when she wanted her own way in the end she agreed to giving it back as they obviously couldnt afford it without my partners help and im sorry but with no kids involved on his side he has no responsability for her anymore especially the way she went about things if she had been more reasonable he may have stayed on the mortgage and given a few more months for them to sort it out ( he did actually offer them 3 months grace but was told he was being an unreasonable !!!) but she had no intention of ever taking him off the mortgage she just wanted to live off his good grace as he is a bit soft sometimes and used to always give into her before i made him say no to her stupid demands. :-) x

galvanizersbaby

Is your OH the petitioner and what grounds is the divorce being filed on?

xmaslolly76

It would come under the 2 years seperation rules we have lived sperately for over two years now and the new partner will have been living seperatly for two years this month.

xmaslolly76

Am i right in thinking that we would have to wait until they were seperated for 5 yrs if she refuses and then we can go ahead anyway?

c_l_a_i_r_e

xmaslolly76 wrote: »

Am i right in thinking that we would have to wait until they were seperated for 5 yrs if she refuses and then we can go ahead anyway?

Yes you need the respondents consent to petition based on 2 years, whereas you don't need their consent for one based on 5 years. He needs to speak to her and see what her attitude is before doing anything, she may not be as opposed to the idea as you think.

xmaslolly76

I hope not Claire I hope that sense will provail as she wont be able to move on properly either until its all sorted and she will cutting her nose of to spite her face so to speak. I know not long after we got together she wanted him back and thats when all the sillyness started with her. Fingers crossed

and thank you to everyone to has posted :-) xx

galvanizersbaby

xmaslolly76 wrote: »

Am i right in thinking that we would have to wait until they were seperated for 5 yrs if she refuses and then we can go ahead anyway?

Yes I think you are right that you would have to wait another 3 years.
Hope it doesn't come to this and good luck with the baby

busiscoming2

Surely he can divorce her before the 5 years are upon the grounds of adultery. This would be the quicker route and as both your partnerand his ex have comitted adultery could the grounds not be unreasonable behaviour jointly? I don't think it actually makes any difference to anything legal does it?

RAS

it is 2 years with consent, 5 years without, so people wanting a quick divorce tend to gofor unreasonable behaviour, but it would need to be watertight if she does not agree.