Certificate Of Entitlement To Decree

hummy

Hi All,

I wanted to ask for some advise because I'm totally stumped. This post if actually for a relative of mine, who I'm trying to help.

The relative of mine doesn;t speak english too well and is not too aware of UK law and procedures. But she married someone from this country. And had been married to them for 12 years.

The person she married at the beginning of the year found another partner and has been living with that partner since the beginning of the year.

In August/September her partner started divorce proceedings against her stating that they want to divorce on the grounds of not living togther for 5 years and various other reasons.

At the time following some advice from Citizens Advice Bureau we of course sent a letter saying we will defend this and even sent a letter to Doncaster County court once they had submitted their documents to Doncaster County Court to start divorce proceedings.

We said that the reasons were totally false and we intend on defending the case. We heard nothing back and thought that ight be the end of if for now.

Today, she received a letter from Doncaster County Court, which was entitled Certificate of Entitlement To Decree with them saying thaty the petitioner had successfully proved the content of the petition and entitled to a decree of divorce on the grounds that the marriage has irretrievably broken down and the facts found proved being 5 years seperation.

I WAS IN SHOCK.

None of us are quire sure how this happened. Since we hadn't hear back anything. They have given us a date of Dec 15 for the pronouncement of this and said we do not need to attend unless there is an objection.

Does anyone know how this can be?

Doncaster is an extremely long way away from where we live (London) and my cousin is on benefits and unable to afford a solicitor. She has 1 kid that is 6 years old and shes doing all she can to lead a normal life for him.

What should we be doing. Im totally lost and not quite sure how its reached where it has.

Can somebeody help us out, we've never been in this position. And I'm not sure what i need to do...and since she can;t afford a lawyer we are struggling to know where to go to get help.

Thanks

Comms69

Why does she not want to divorce? That's the bit I'm missing.


Given neither of you are aware of UK law, why you both submitted a defence before posting here is surprising, but irrelevant now. If you object, the case will typically be re-allocated.

hummy

She's trying to make it work for kids sake. She hopes he'll come back. He has come back before.

I didn't say I'm not aware of uk law what I meant was my cousin is not sure about uk procedures and I'm not aware of the things to do in divorce proceedings since this is something that I've never dealt with.

I'm trying to work out the process we need to go to get this set aside or thru some other hearing.

Any advice

Jenniefour

Are you aware that someone can apply for a divorce if they have not lived together for 5 years without the consent of the other person? The fact (or not) that the former husband may have had another partner from the beginning of the year is not relevant if the above applies. So it may well be that the former husband has demonstrated to the court's satisfaction that there has been a separation of at least 5 years. Would that be the case, have they been separated for 5 years? If it is then your friend has misunderstood the advice from the CAB, or has been given incorrect advice.

It will be helpful for your friend to now concentrate on getting the financial settlement sorted out, and arrangements for the child. Given that your friend is not familiar with UK divorce law it is in her interests to see a good solicitor as soon as possible. Some solicitors will offer a free 30 minutes, and you can help her find one. If your friend believes she a substantial case to demonstrate that the divorce has been applied for on false information then she can also get proper legal advice on that.

hummy

THy were living togetherness the same flat up to beginning of the year. So they have not lived apart for 5 years. They went on holiday last year together.

He's doing this because he wants a quickie divorce and is playing in the fact that his original partner does not know the rules of divorce in this country.

She doesn't want a divorce. We submitted to the courts our intention to defend and heard nothing back until this letter.

ciderboy2009

Phone the court & speak to their Family/ Divorce section.

It sounds to me like your intention to defend was never received by them.

The alternative is to attend the Decree Nisi hearing and object there(but it would be far simpler to sort it now).

Jenniefour

hummy wrote: »

THy were living togetherness the same flat up to beginning of the year. So they have not lived apart for 5 years. They went on holiday last year together.

He's doing this because he wants a quickie divorce and is playing in the fact that his original partner does not know the rules of divorce in this country.

She doesn't want a divorce. We submitted to the courts our intention to defend and heard nothing back until this letter.

OK, got it. Then she needs to take action on this. Call the court as per ciderboy, and find out what to do.

Comms69

Understood, I don't think that it's healthy to object but that's just my opinion.

TBagpuss

OK, in order to defend a divorce you have to submit both notice of intention to defend, then the actual defence. It sounds as though your friend gave notice of intention to defend but didn't actually file a formal defence, which would have allowed her husband to proceed with the divorce.

While she may not want a divorce, defending divorce proceeding is phenomenally expensive and *very* hard to succeed with - the divorce is based on the fact that a marriage has broken down irretrievably - it's very hard to successfully argue that the marriage has not broken down where one partner is so sure it has that they have started divorce proceedings.

It may be that it's not true that the marriage has broken down on the basis of 5 years separation, but it may still be the case t has broken down.

Your friend will need to give notice if she wants to oppose the making of the order but she may do better to focus on getting advice and support to get a suitable financial settlement. There would be nothing to stop them getting back togehter even after a divorce if that's what they really want to do.

By the way, 5 year separation is not a 'quickie' divorce. It takes the same time and cost as a divorce on any other basis. It may well be the case that he sees the marriage as having been over for 5 ears - short reconciliations do't interrupt the five years.

thorsoak

So basically you/she wants to stay in the marriage in order to stay in the UK?

hummy

not at all shes a british citizen. After 10 years of staying in this country with a kid who has been born here and brought up here...staying in this country is not an issue for her at all.

She wants to try and save her marriage for her kids sake. It's a culture thing.