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Divorce/separation

Papers to include with consent order and decree absolute application?

2 replies

ChangingWoman · 12/12/2012 23:45

When I got the decree nisi in May, there was an additional piece of paper enclosed saying that the judge was not satisfied to issue a "certificate under section 41(2) of the Children's Act" because we were still living together.

I didn't understand what this meant and got some helpful advice here www.mumsnet.com/Talk/divorce_separation/a1439418-What-is-a-certificate-under-section-41-2-of-the-Childrens-Act.

This month I thought I was all ready to apply for the Decree Absolute now that we have an agreed consent order (drawn up by an online solicitor from our own written agreement).

However, thinking about it now, I'm still not sure I completely understand the short note from the judge or what I'm expected to do about it. We were totally agreed on the Statement of Arrangements for children and there was no dispute anywhere over finance or access to DC. Am I required to prove that exH has moved out before I will be granted a divorce?

exH has only just moved out in the last couple of weeks. My address is the one he used to sign off the consent order and statement of information unfortunately. While we are still civil, getting him to fill in (or even open) any paperwork is like pulling teeth and I'd hate to have to get these redone.

Could I just enclose a utility bill from his new address or similar? Do we need to fill in the statement of arrangements for children again?

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Collaborate · 13/12/2012 07:16

Just update the statement of arrangements firm and if you both sign it you can lodge it with the other paperwork and a request in writing that the judge pronounces satisfaction.

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ChangingWoman · 15/12/2012 17:16

Thanks Collaborate - have done this now, got exH to sign again while in the middle of a toys tea-party with DC and can finally get these papers sent in on Monday.

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