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Divorce through the court - how long does it take?

(7 Posts)
Listmaker Tue 21-Jun-05 13:54:12

My dp is trying to get divorced! They are stuck on the financial settlement part and his exw has still not supplied the information to her solicitors despite being asked ages ago. He is now going through the court - does anyone know how long it could take from this point and what the process is? I assume she is ordered by the court to give full disclosure but in what time scale and what happens then? Do they try and agree between them or do courts decide then?

Thanks for any advice.

lemonice Tue 21-Jun-05 13:56:20

You don't have to have agreed a financial settlement to get divorced...have they got a decree nisi?

Listmaker Tue 21-Jun-05 14:03:19

They have got a decree nisi but have been advised not to get the absolute til after the finances are sorted in case one of them snuffed it or something - not sure why now! to be honest it's not that I especially want him divorced (though I do!) but we need the financial side sorted so that we can make plans to move in together with our 5 dds!!

lemonice Tue 21-Jun-05 14:12:07

Get a form from the court if it's more than 6 weeks since the decree fill in and apply for the absolute for which there is a small charge, if an agent ie a solicitor has been dealing with it up till now then you have to fill something in to say he is now acting for himself.

Both parties sit before the judge and he asks why the decree has not yet been made absloute and he will then get huffy with the partner who has not yet agreed a financial settlement he will also say that the decree can be granted without it.

tbh if one of them snuffs it you don't have a financial arrangement in place whether the divorce is finalised or not? at the moment...?

You save a lot of money by agreeing the financial side between you as the court and solicitor costs and wrangling that leads to is expensicve.

I believe there is now an arbitration scheme for divorcing couples to sort out financial agreements which is non combative and relatively cheap...

(I'm divorced and we don't have a conclusive financial arrangement)

Listmaker Tue 21-Jun-05 14:30:03

Thanks Lemonice. They tried mediation first but it didn't really work. The appointments were so far apart and she wouldn't provide her information (she was the main earner and we need her pension and details of the equity in her GP praactise) so it was no use. Having gone through that and got nowhere my dp can claim legal aid or whatever it's called now so he has a solicitor and it's all going through but just taking sooooo long because of her uselessness (is there such a word?!). He has now instructed his solicitor that when his funding is confirmed she should get a court order forcing her to declare her details but wondered how long that would take and what happens after that really.

Thank God I never actually married my useless exp!!!

lemonice Tue 21-Jun-05 14:35:11

Do you have to pay back the legal aid once he has the money from the settlement?

Listmaker Tue 21-Jun-05 15:00:40

I don't know actually. There will be enough money really because they have two houses and other funds etc. so I don't really care as long as this thing gets moved along somehow!!

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