Ceritifcate of Entitlement To Decree(10 Posts)
I wanted to ask for some advise because I'm totally stumped. This post is 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.
Does she want to remain married to him? If not why bother arguing sgainst it
Why does she want to fight it?
I know the details are wrong. But does she actually want to fight it or just feel that she should?
What evidence did he produce that they have been seperated for 5 years?
So what if the details are wrong? He's doing her a favour by divorcing her.
She won't get a "better" divorce just because her version says he had an affair - sounds like he wouldn't admit it anyway.
It's not worth fighting about
Have the financial and child maintenance issues been taken into account?
If her husband wants a divorce then her husband can have a divorce . He doesn't need her permission, thats how it works in the UK. You don't have to be married if you don't want to and the other party can't force you too
Is your friend miffed because he said they've been living apart for 5 years? Ultimately, it matters not what the grounds are - the divorce will proceed anyway.
Have the finances been sorted?
I think if you state you have been separated for five years, you don’t have to agree to a divorce. Also, usually, courts have to have proof that the divorce petition has been delivered. It’s taken me a year to get to the stage your cousin is at because my STBXH wouldn’t sign anything or return anything. I had to get court bailiffs to deliver the papers. Has she signed anything at all? Or seen any papers?
The husband submitted a divorce request on the grounds of five years separation. By replying to say she defends, she admitted that the papers had been served. She didn't have to agree, "five years separation without consent" can be grounds for divorce.
What she needs to concentrate on now is getting the Child Support and the Financial Support arrangements started.
You didn’t file a proper answer to the petition and therefore it proceeded.
Surely she doesn’t want to remain married to him??
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