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Divorce/separation

He is delaying signing the consent form

4 replies

ElllieB1 · 14/12/2015 15:38

Hi, Ive been separated 2 years, doing a d.I.y divorce, he was sent the consent form from court to sign agreeing to the reason for divorce in October, he is saying he'll sign when he's ready, just being an arse.
Do I just have to wait? Is there a deadline?
Thanks in advance x

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OurBlanche · 14/12/2015 15:58

I had a Google, If he has said any of that in a text or email then you could use that as proof of service

www.blockslegal.co.uk/articles/divorce-procedure-happens-husbandwife-ignores-divorce-petition/

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ElllieB1 · 14/12/2015 16:03

Excellent, he has. Thanks

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shoeaddict83 · 14/12/2015 16:26

we went through this recently with OH STBXW trying to delay the divorce despite her agreeing with him she was happy to sign for 2 years. (separted prior to me FYI!!)
She Tried delaying, asked for numerous amendments etc, in the end even the court got p*ed off with it! Anyway he had emails to prove she'd had them and not returned within 14 days so he didnt have to pay baliff to serve papers as judge accepted and it went through fine, and they actually put the original petition through too as they said if she didnt reply to the amended versions that was her look out.
Nisi now pronouced and waiting for magic 6 weeks for absolute....!

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shoeaddict83 · 14/12/2015 16:28

and yes there is a deadline - 14 days. it states that on the paperwork you would have had from the court saying they had sent him the Acknowledgement of service and given the date of posting. After this you either have to pay around £110 to get a baliff to serve them so the court has proof he has had them (he then gets a further 14 days to reply before you can proceed) or prove enough to satisfy the judge that he has had them and is refusing to return. You can then proceed without his response.

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