Divorce Question.....

Ophelia_10

My partner left his marriage 7 years ago but has not yet divorced (a contentious issue between us!).
He has now finally approached his wife about divorcing but she is not co-operating. From what I understand, she doesn't have to 'co-operate' as they have now been separated for 7 years, so the divorce can go ahead without her permission.

However, my question is:- if my partner goes ahead and completes the DIY divorce (via the government website), and all this goes through, can he still claim his half of their property at a later date? The mortgage was paid up while they were still together and the house is in joint names. No children involved.

I'm pushing for him to finally get on and get this divorce completed, but he is stalling as he doesn't want to lose his half of the property and she won't co-operate regarding any settlement currently.

Also, what happens if she refuses to sign any papers or complete any paperwork regarding the divorce?

Many thanks for your help. BTW - he is arranging to see a solicitor for an initial consultation to see where he stands legally, but I just wondered if anyone else had a similar experience or any advice - particularly if she refuses point blank to co-operate with the divorce.

double_mummy

yes he can divorce without a financial order but it is risky

the best thing to do would be to get them both into mediation and get it all sorted out at once

Ophelia_10

Thanks double mummy - I wish she would agree to that !! :mad::(

BitterAndTwisted

As double mummy said, it is possible to proceed with a divorce without an agreement as to the financial settlement but it would not be wise at all.

And the answer to your question "can he still claim his half of their property at a later date?" is yes, he can.



"Also, what happens if she refuses to sign any papers or complete any paperwork regarding the divorce?"

He applies to the court to force a sale. No court in the land is going to leave her 100% in possession of the property if there are no children who need to be housed.

I can imagine just how reluctant she is to reach a financial agreement as she's currently happily got the jointly-owned property all to herself and it could entail spending money and a great deal of time in order to reach an agreement. The longer he leaves it the harder it could become but be in no doubt: she won't be able to hang onto it if he's determined to get his share.

Morglin

I would suggest he sees a solicitor, or through the courts, and organises a "clean break arrangement" as everything is sorted, at the time, and there can be no further claims.

Worked for me, as although it cost me to begin with, it did stop him leeching off of me indefinitely.

Perhaps threatening to sell the home (as you can) might jog her along a bit as she will lose 50% of it!

My DH gave his ex the whole house (mortgage free) just to get shot of her quickly..


Lin

Ophelia_10

Morglin wrote: »

I would suggest he sees a solicitor, or through the courts, and organises a "clean break arrangement" as everything is sorted, at the time, and there can be no further claims.

Worked for me, as although it cost me to begin with, it did stop him leeching off of me indefinitely.

Perhaps threatening to sell the home (as you can) might jog her along a bit as she will lose 50% of it!

My DH gave his ex the whole house (mortgage free) just to get shot of her quickly..


Lin

That's what my partner is considering doing Lin - walking away from it to get shot of her. However, I'm not sure how that would affect us in the future. Did you not feel a little resentful that he walked away from a tidy sum that he was legally entitled to?
I have my own house and feel it would be a bit unfair for me to sell mine (when we are at the stage to live together) for him to not bring anything financially to the new place we might get? Maybe I'm just being selfish and perhaps what he chooses to walk away from is not my business

DS4215

Don't forget to get him to sort out a will too. At the moment, his estate would still go to her if he died...

TBagpuss

Yes, he can o ahed wit hthe divorce. He can also apply for a financial settlement, whether or not she agrees to it.

I would recommend that he do both together as if he divorces her now, and applies later for a fiancial settlement, she might argue that they had an unwritten agreement that he would make no financial claims, and the longer the delay, between divorce and financial settlement, the more convincing that would be.

He would lose the right to apply for a financial settlement is he remarries, so if you and he consider marrying, he needs to apply for the financial order first.

If he starts divorce proceedings then that may encourage her to get advice and she may then become more open to discussing finances.

If she ignores/does not sign the divorce papers then he would arrange for these to be personally served (additional costs of £100-£200, normally - either through the court or a private process server) Provided he ticks the box in the original petition to say she should pay the costs he should be able to claim that cost back from her. He also needs to tick all the boxes on the back of the form about the different types of financial settlement.

There's no reason he could not deal with the divorce himself and see a solicitor about sorting out the finances - many solicitors will be able to do this and also to provide answers to any specific q's he has about the divorce at the same time. Look on the 'Resolution' website to find a solicitor near you. Many offer initial free consultations so he can get a feel for whether the solicitor is one he feels confident in using.

blueneleh

Ophelia_10 wrote: »

Also, what happens if she refuses to sign any papers or complete any paperwork regarding the divorce?

I applied for my divorce myself.
My ex would not co-operate with it or sign any papers and I had to pay for a bailiff to serve the papers to him (I didn't mind paying just to get it done).
He still didn't sign them but I was able to carry on with the divorce as the judge could see that he had been served the papers and given enough time to respond - I can't remember all the different forms I used now but the court can help you with all that. The judge then looks it over and makes a decision anyway.
There are time frames and lengths of time you have to wait but all in all the actual process of gaining a divorce took approx 6 months (this is without any wranglings over finances etc).

h3llsb3lls

Firstly, if the house is in joint names, does he still have access to the property because it is legally his too. I would arrange a valuation of the property and advise his ex that this is happening with a view of selling. She has a choice of either accepting the sale and taking her share or buying him out.


As I have found out recently, my ex was refusing to discuss our divorce and settlement but when the threat of full disclosure becomes a possibility, reality sinks in.


Even a simple letter from his solicitor could be the push she needs.


At the end of the day, his name is on that property and so there is only so long she can drag this out before a court forces her