Divorce question - advice very gratefully received

looby75

kegg wrote: »

no it doesn't run out but will have to explain the delay and confirm you have not lived together.

thanks for that, will the simple explanation of I just never got round to doing it be enough.....I can prove we've not lived together as we have both been on the electoral roll at different addresses for the last 6 years.

kegg_2

looby75 wrote: »

thanks for that, will the simple explanation of I just never got round to doing it be enough.....I can prove we've not lived together as we have both been on the electoral roll at different addresses for the last 6 years.

tes that will be fine and it is unlikely you will be asked to give proof that you haven't lived together as unless contested by your ex

Caroline73_2

Being as you separated 19 months ago anyway can't you just wait 5 months and go for separated for 2 years?

It doesn't actually sound like your solicitor advised you well if your petition was refused anyway!

mackemdave

Caroline73 wrote: »

Being as you separated 19 months ago anyway can't you just wait 5 months and go for separated for 2 years?

It doesn't actually sound like your solicitor advised you well if your petition was refused anyway!

If you took an interest in what the OP has posted in her intial thread youd know that is exactly what she wants to do but she needs to pay £200 to do this...

AND she is doing it online so she doesnt get to see a solicitor....shes doesnt want that expense!!!!!!!!
It you cant be bothered to read the thread then dont bother replying

peanutpie05

Thanks so much for the replies and advice given.

yes, just to confirm, i am waiting for the two year mark but just wasn't too happy about paying this £200 solicitors fee (on top of the £40 fee the court charge) to withdraw the original application.

Thanks for that ehow link ... it certainly does seem straightforward and thanks wannabe for the advice abt the courts ... i feel much happier abt approaching them directly.

I did check with the fixed price divorce solicitor that i am currently using and he said it would be ok for me to do the withdrawal myself and it would not incur any extra fees over and above the 'fixed priced divorce' fee which i already paid upfront last year.

Having listened to a few of you who have said you've DIY'd it ... i'll definately have a go at going directly through the courts if i have any more difficulties with the solicitor.

thanks again ... much appreciated.

mookiandco

There seems to be quite alot of incorrect advice already posted. The first e-how link related to American law. You do not know what you are doing and have already 'messed' up the first petition by trying to do it yourself. I really would pay the £200 before you get yourself into a bigger mess and have to get a solicitor to undo it. If you mess it up then an online solicitor wont help as it will require additional work e.g writing to the court, answering Judges queries, re-drafting etc etc. You will then need to get a 'real life' solicitor who will charge you between £140.00 - £240 per hour to undo the mess. This sort of thing is usually a few hours work so you would be looking at about £400 - £600 to get yourself out of the mess.

You will need to swear an Affidavit (can you draft one in the proper format, do you know what information is required etc etc) and complete a general application form (think this might be online but you need to put in the correct wording which is not online and which the court staff are not allowed to give you as its legal advice). You will need to submit them with the correct fee (I believe it is actually £80.00 for this application). The court will consider your application and then decide whether you can withdraw (you will receive an order to this effect or you might receive a letter requesting further information for the District Judge). Once it is withdrawn you will probably have to write to the court to ask for your marriage certificate to be returned (because they usually forget to return it).

Then and only then can you start all over again!

If you think you can go it alone, by all means give it a try but be warned about the cost (not to mention the time) of sorting it out if you mess it up. Sorry, if i'm being harsh but I spend alot of time unravelling people's divorces which they have messed up because they thought they could do it themselves. Yes, it is possible and many do but an equal number mess it up. A divorce that should last 6 months then takes forever to undo. I have known divorces to be hanging around after 5 years because of the mess caused by people doing it themselves. So to be honest £200 is a small price to pay just to get it over and done with.

mookiandco

looby75 wrote: »

sorry to hijack your thread peanutpie for a moment (hope you don't mind) but does anyone here know is a decree nisi "runs out"

I am in the process of divorcing my ex, I got the nisi a couple of years ago but never got round to going to the court to file for the absolute, no particular reason other than ill health and life just getting in the way iykwim.

Will I have to start from scratch or can I just get the absolute when I finally get round to it?


Hope you get your divorce sorted soon Peanutpie.

You need to make an application for leave to apply for Decree Absolute out of time. Once 12 months have passed since Decree Nisi is granted you need to explain the delay to the court and ask for DA to be granted out of time. You will need to swear an affidavit explaining in great detail the reasons for the delay. Usually the only valid excuse is 'you were sorting out the finances' (usually accompanied by a financial consent order as evidence). Life getting in the way probably wont cut it!

The Courts are suspicious of those that leave it so long to apply for Decree Absolute. You will definately have to provide evidence you havent lived together. They may even list it for a hearing which both of you will have to attend so that you can explain to the Judge directly. I hope you know where the ex is because the Court will need to contact him!

If the Court decides that you are not entitled to apply for Decree Absolute based on your reasons then see my post above about withdrawing it and starting all over again!!

looby75

mookiandco wrote: »

You need to make an application for leave to apply for Decree Absolute out of time. Once 12 months have passed since Decree Nisi is granted you need to explain the delay to the court and ask for DA to be granted out of time. You will need to swear an affidavit explaining in great detail the reasons for the delay. Usually the only valid excuse is 'you were sorting out the finances' (usually accompanied by a financial consent order as evidence). Life getting in the way probably wont cut it!

The Courts are suspicious of those that leave it so long to apply for Decree Absolute. You will definately have to provide evidence you havent lived together. They may even list it for a hearing which both of you will have to attend so that you can explain to the Judge directly. I hope you know where the ex is because the Court will need to contact him!

If the Court decides that you are not entitled to apply for Decree Absolute based on your reasons then see my post above about withdrawing it and starting all over again!!

ah well in that case I'll leave it for the ex to do....I'm in no rush I'm not planning on getting married again.........EVER lol

Slinky

looby75 wrote: »

ah well in that case I'll leave it for the ex to do....I'm in no rush I'm not planning on getting married again.........EVER lol

Just a thought on this, do you have a valid will? If not your ex-husband who isn't actually your ex-husband could have a claim on whatever you may leave.

mackemdave

Slinky wrote: »

Just a thought on this, do you have a valid will? If not your ex-husband who isn't actually your ex-husband could have a claim on whatever you may leave.

Until they get a valid consent order stamped he has a claim against he assets and like wise she can claim against his assets...