Transfer to a local family court hearing centre

[deliwoman1]

Hi there,

Seven years ago my partner and his ex filed for divorce, and unbelievably, have spent this whole time thinking they had done the necessary. Turns out they hadn't actually applied for the Decree Absolute. Sigh.

Back in November my partner and I discovered the fact they were still married and my partner, who was the Respondent, made the application for the Decree Absolute. We knew it might be a bit trickier because so much time has lapsed between them getting the Nisi and now, so we asked a lawyer to handle it, especially since they messed it up doing it themselves the first time. Nothing has actually changed for them in terms of circumstances - no major assets acquired or anything, so we hoped it would just be a matter of explaining the time lapse to the judge and that would be that.

We just got a letter saying that the case had been transferred from the Bury St. Edmonds divorce centre, to the petitioner's local Family Court Hearing Centre. We're not sure what that means.

Do you think this means they'll be invited to attend a hearing? We've not had much joy getting through to the lawyer, sadly, who seems to be on extended leave, and getting through to the courts atm is like getting through to god.

I don't know if there would be a hearing. Has he actgually now applied for the Absolute?

I had a 2 year gap between Nisi and applying for Absolute (because my ex dragged it out) so I was asked to submit a statement confirming that we hadn't had any more children, hadn't lived together since the Nisi etc. I then got my Absolute.

I was the Applicant. I don't know if your partner being the Respondent means there's a different process, and whether 6 years means there's more to do than simply submitting a statement.

If your lawyer isn't responding can you not ask that someone else in the firm responds to you?

Is there not someone else at the law firm who can help you?

@comfortablyfrumpy Yes, he's now applied for the Absolute. That's what's been referred to this other court. It's entirely possible that because he was initially the Respondent they need to hear from the Petitioner on the fact nothing has changed since the Nisi was granted back in 2016. She's not obstructive, but she's also not that helpful, and is sometimes out of the country a lot. We were hoping it would just be a matter of ticking a box since the Nisi had been granted ages ago.

It's so difficult getting to speak to anyone at that bloody firm. They always say so and so will call you back... never happens!

Have they got a sealed consent order re the
Financial severance??

Have they got children?

@millymolls Not yet. They're going to get a clean break order. No need for fuss as neither of them own anything significant, and neither of them want anything the other has.

@Theunamedcat No. I think that makes life a lot easier.

I imagine that it has been transferred to Bury as the original court they applied to no longer operates. Divorce courts used to be local however there was a massive difference in case loads in different areas (some were very busy and some were quiet).

These were then shut down and a national divorce centre was opened that takes all the cases. Bury is one of the main divorce centres so I imagine this is nothing to worry about. Your partner may be asked for a reason why it has taken so long to apply for absolute but I think beyond that Bury is where most divorces now go.

@Shibby585 Thanks but the transfer is FROM Bury to a court in Edmonton! That's what I thought was weird because I know Bury is one of the main divorce centres now. They do have a ridiculous backlog thanks to Covid so they may well be devolving again temporarily to handle it. Who knows? Still no joy from law firm.

Ah I see sorry misread. If you need to find out you can live chat and they can tell you why. www.apply-divorce.service.gov.uk/avaya-webchat I think that link will work? You just need your case number from the initial divorce.