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Undefended divorce

Been trawling online for the answer without success so wanted to ask on here... (and sorry if it's a silly question too!)

My partners ex filed for divorce in March (under 2 year rule), which my partner signed and returned. Tomorrow there is a court hearing for the 'undefended divorce' and we've been told that my partner doesn't have to attend as he has already agreed to the divorce.

My question is, does his ex need to be in court tomorrow?
Wealth is what you're left with when all your money runs out
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Comments

  • shoe*diva79
    shoe*diva79 Posts: 1,356 Forumite
    No, no one needs to attend.
  • HeadAboveWater
    HeadAboveWater Posts: 3,941 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Fab :) Should just be a simple, 5 minute 'done' deal then? *phew*

    Basically then it's 6 weeks and 1 day for the decree nisi, right?
    Wealth is what you're left with when all your money runs out
  • Filey
    Filey Posts: 315 Forumite
    Fab :) Should just be a simple, 5 minute 'done' deal then? *phew*

    Basically then it's 6 weeks and 1 day for the decree nisi, right?

    _________________________________
    Easy peasy.

    If you have any assets (and even if you don't) and wish to have a consent order thereby ensuring that if one of you wins Euromillions the other can't make a claim, there will be another form to fill in, but it's worth it. You never know what the future might hold.
  • HeadAboveWater
    HeadAboveWater Posts: 3,941 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Excellent :D

    My reason for asking is that his ex is an alcoholic and it's something of a [STRIKE]50/50[/STRIKE] zero chance of her showing up!! :p

    Thanks for the heads up on lottery win ;) My partner may have something along those lines already as he had to bail her outta debt countless times when they were together :( Children already sorted too :)

    Celebration in order me thinks :j :beer:
    Wealth is what you're left with when all your money runs out
  • Gloomendoom
    Gloomendoom Posts: 16,551 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I believe both parties will have to sign the consent order.
  • HeadAboveWater
    HeadAboveWater Posts: 3,941 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Ha! Easier said than done! :p:(
    Wealth is what you're left with when all your money runs out
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I believe both parties will have to sign the consent order.
    And the judge has to consider it a fair division of the marital assets, or he may not accept it.
  • HeadAboveWater
    HeadAboveWater Posts: 3,941 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Oooo had a bit of a panic moment last night! His ex texted his sister and said she was feeling down, and blah blah blah, and wasn't sure if divorce was the right thing to do! :eek:

    Please tell me the divorce can't be stopped now short of burning down the courthouse?!?!?! :(
    Wealth is what you're left with when all your money runs out
  • wannabe_sybil
    wannabe_sybil Posts: 2,845 Forumite
    I've been Money Tipped!
    If ex filed for divorce then it is up to them to apply for the absolute.

    It's probably a good idea to have a clean break order or the claims for money will continue after the divorce. As she will need to sign it, you/your partner may need to coax.

    If the ex doesn't file for the absolute, then I think after a longer period of time your partner can, not sure about that, try checking with the court.

    And the ex could apply for the divorce to be struck out. If so, let it be struck out, your partner can then apply for divorce and then have a bit more control over the situation.

    Fingers crossed, however, that it is just drunken rambling and a foul mood and hangover will hurry the divorce along. Unless she needs money :(

    Contested divorces suck up money, but it may be worth getting contact with a solicitor about the best way to push this along, including something as drastic as your partner applying to strike out the divorce and then petitioning on his own behalf. It may be expensive, but perhaps less expensive than giving ex money. I suppose it depends on how reliable the ex is. Good luck!
    Ankh Morpork Sunshine Sanctuary for Sick Dragons - don't let my flame go out!
  • HeadAboveWater
    HeadAboveWater Posts: 3,941 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    She's not reliable in the slightest!! lol :p This isn't the first time she's filed for divorce so it wouldn't be the first time if she did strike out again either :(

    My partner had filed for divorce in March and left the forms in with court including first payment of fees of £200. We got home the same day and there was a letter from her solicitor coz she'd filed a month before! Talk about timing!! lol. He signed hers and cancelled his own (she's on benefits so why should he pay court fees?!? ;))

    I didn't realise the petitioner had to file for the absolute. Guess we'll just have to wait and see what happens! We've a contact at the court who'd be able to answer those questions.

    Thanks for the information :) All this stuff is way too complicated for me :o
    Wealth is what you're left with when all your money runs out
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