Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

At what stage do you apply for the divorce?

4 replies

smethers · 21/05/2021 00:31

I am getting the financial side done by a solicitor but hoping to file for the divorce myself. Do I go ahead and apply for the divorce or wait for the financial agreement to be drawn up first? It's been over a year and STBXH doesn't think I'm going to divorce him because of the delay (Living in separate rooms for 15 months isn't a clue enough apparently) and I am impatient to get on with that. I've looked online but am seeing different answers.

OP posts:
MooseBeTimeForSummer · 21/05/2021 01:07

You can’t file the financial order with the Court until Decree Nisi has been pronounced.

MooseBeTimeForSummer · 21/05/2021 01:10

How are you going to petition? Bear in mind that if you intend to use unreasonable behaviour the law allows the parties to continue living together for 6 months following the ‘final’ incident of unreasonable behaviour in order to try and reconcile the marriage. If there is no final incident, time will not have started to run. There is no absolute bar to divorce on the fact of unreasonable behaviour but the court will consider there must be good reasons to continue to cohabit.

MrsBertBibby · 21/05/2021 09:07

That's only the case if the behaviour has stopped. If the UB is ongoing, you can crack on.

Get your petition issued on the online service now, OP. Let your solicitor know.

HosannainExcelSheets · 21/05/2021 09:34

You can use the fact you're living in separate rooms (and presumably not having sex) as a point of unreasonable behaviour. So it is still ongoing, and there's no reason not to file now.

You only need three, rather bland, example of UB. Like separate rooms which makes you feel rejected, not socialising together which makes you feel lonely, no sex which causes you distress. Look up examples of the wording online and go for it.

New posts on this thread. Refresh page