Ex contesting 5yr separation divorce with no grounds

[NutellaEllaElla]

Someone must have had experience of this. After a 5 year separation, he's contesting the divorce on "grave financial or other hardship" grounds but upon looking at the legal meaning of this, he clearly has no grounds, not even close. Has his own job, pension, investments. Is not part of a community which would ostracize him for divorce etc I know he has 3 weeks to return the form with more details but what happens when it transpires that his reasons on the form are clearly irrelevant/inadequate? Is a solicitor and court attendance still going to be in order? Can it be dismissed before that? Would a solicitor definitely be required?

No idea but sorry you are going through this extra stress. I take it you aren't on speaking terms so be able to ask him wtf?

Hope it's easily passed for you.

Sort of on speaking terms but he's not rational.

I mean stuff like that just shouldn't be allowed, it seems like wasting the court's time and everyone's money.

That's exactly what he's doing op, but a judge won't look favourably on him which might not go in his favour

I'm wondering though, if a lay person can see that there are no grounds to contest it, but his frivolous, vexatious intentions take this to court, is a solicitor definitely required?

You can self represent easily. My friend did and the judge was great, he walked her through the process as it went along and happily answered all her daft questions. Tbh her exdh (who was abusive) had a really expensive barrister and she still ended up with a fair outcome. Judges are r daft and can spot people like your ex a mile off. Just remain civil and fair and you'll be fine

*are not daft

Thanks 2Dogs

My husband had this, divorcing on 5 years, she didn't contest but didn't sign the acknowledgment. We had to apply to prove service was deemed via all of her messages. If you have any messages keep hold of them as evidence. With it being 5 years he won't have a leg to stand on.

You will probably both have to provide evidence and a judge will just simply sign this off and then allow you to apply for nisi. Failing that (though it won't come to this I don't think) no fault divorces are coming in soon where you can't contest at all!

Thanks @Shibby585, what do you mean by this? We had to apply to prove service was deemed.

When my now husband was divorcing his ex wife she refused to sign the acknowledgement to say she accepted the grounds for divorce of 5 year or contested it. My husband had to wait 28 days and then apply to the court to prove service had been deemed (I.e she had received the paperwork but just refused to sign it). He kept all messages proving she had received it and they could see she had logged into the online portal.

The next step was we had to apply to the court to prove service had been deemed and thus went to a judge who then decided whether my husband could proceed to get divorced. The judge took a look at all the evidence and signed an order so we could proceed to nisi.

In your case it will be pretty much the same, you will both provide evidence and a judge will make a decision to allow the divorce or not, you should then receive an order saying you can proceed to nisi stamped by the courts/judge. Its very rare (almost unheard of) in 5 year separation that a judge will not grant an order to proceed to nisi. There would have to be some really strong compelling evidence. However this will hold up your divorce while a judge looks over it. Judges are fair in all matters and don't take kindly to any type of game playing/being obstructive for the sake of it.

Ok, thank you that is really informative.