We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Ancillary Relief-court order

Options
Hi, Wondered if anyone could help with timescales.

I recieved my decree Absolute at beginning of Feb, and am now waiting for my financial settlement to go through. My solicitor (who is a waste of space) has said that my court order is still with the court for sealing..I have asked her so many times for an indication of how long this will take and I keep getting fobbed off with "ohh the courts are taking ages at the moment with this sort of thing" I know that once the court order is sealed my ex has 28 days to give me my settlement. If anyone has been through this process, do you know how long it took, roughly, I am getting very impatient now and there is only so much longer I can hold off paying all the debt that I am left with....thanks so much xx

Comments

  • mookiandco
    mookiandco Posts: 1,294 Forumite
    Courts are supposed to deal with correspondence within 5 working days, but are allowed up to 10. Unfortunately, it can take between 4-6 weeks for an order to be sealed as once it is put before the judge they have to wade through their back log before they look at it. It will then be sent back to the court office to be typed, which can also take time. I would ask your solicitor to write a letter of complaint to the court manager asking why it has taken more than 5 working days to deal with. What your solicitor is saying to you is fairly normal as the courts always have a back log. if its at the Principal Registry, you could be waiting a very long time. You could also call the court yourself with your case reference number to make your own enquiries.
    Proud Mummy to Leila aged 1 whole year:j
  • Bossyboots
    Bossyboots Posts: 6,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    There shouldn't be anything that needs typing if the order is granted. It should just be stamped.

    However, it is true that the courts take forever to send out paperwork and if the standard is five days, then there is something seriously wrong with most courts.

    I recently wrote to a court on a matter I am dealing with for a relative. It was a very sensitive issue but when I telephoned a week after they would have received the letter I was told that they had not even opened the post for that day! It took another 10 days from the call to get an answer.

    I am very surprised the decree absolute has already been granted. Good practice is not to apply for it until the ancillary order is sealed, in case there are any problems.
  • will1974
    will1974 Posts: 61 Forumite
    Hi, thanks for your replys. My solicitor said that it is normal practice for the decree absoulute to be granted before the ancillary order is sealed. I just feel now that the decree absolute has been dealt with my solicitor feels that it is up to My Ex husbands solicitors to be dealing with the transfer of deeds with regards to the property and the settlement sum. I am so confused, my solicitor speaks to me in terms that I just dont undertand and makes me feel like I am being a complete pain. Thanks anyway, x
  • will1974
    will1974 Posts: 61 Forumite
    Just phoned the court, told me that as I have a solicitor acting for me they should not even be speaking to me...Told me that even though I received my Absolute over a month ago, it is not unusual to still be waiting at this stage, and they do have a backlog and I will have to be patient....Does not help the debt situation though, and i dont feel the companies chasing me for money are going to be that patient.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.