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Divorce/separation

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

What happens if I don't sign divorce petition?

16 replies

Dreambig1 · 12/09/2023 08:36

Husband is refusing to discuss finances and just wanting to divorce. I feel getting divorced without a financial settlement isn't fair on me. What would happen if I acknowledge receipt of application but don't sign to agree to divorce?

OP posts:
Tosca23 · 12/09/2023 09:27

You can't stop someone getting the divorce - even without financial agreement they can get the divorce finalised. It isn't advisable though from your ex's point of view to be divorced without a financial agreement as that leaves those aspects still open and not finalised.

Iworkmiricles · 13/09/2023 10:42

I would image any solicitor or judge worth their salt will not allow a divorce to be finalised without one.
Is he expecting you to come into a fortune? why does he not want all financial ties to you severed ?
Seems totally bonkers not to have a financial order !
The financial order is separate to the divorce, even his solicitor should be recommending one!

INeedAnotherName · 13/09/2023 11:11

Your solicitor can lodge a formal delay order requesting the divorce is delayed until the financial consent has been agreed on. Make sure the judge agrees with the financial consent too as sometimes judges refuse to sign off these if they feel it's unfair.

Speak to a solicitor for timings and what to do.

Dreambig1 · 13/09/2023 14:20

He said he won't arrange a call/email to discuss finances. He's relentlessly pushing me to sign the petition and said he will not talk to me until I have acknowledged receipt of application and agreed to divorce. He doesn't have a solicitor. He is moving to another country and I presume start a new life there and get married as he may need proof of final order. He left his job, so there is a big risk the house will be repossessed by the bank. Child maintenance payments will also stop. It seems he wants to cut all ties here. What are the consequences of not signing divorce papers?

OP posts:
INeedAnotherName · 13/09/2023 16:09

I don't understand OP. You should have got documents sent directly to you via your own email or post, not served by him. Did you receive anything?

I don't think you can stop the divorce but you can get it delayed until the financial side is sorted. I believe only a solicitor can apply for the delay order so please go see a solicitor this week. Do not sign anything until then.

https://www.gov.uk/respond-divorce-application

Respond to a divorce application

When your husband or wife applies for divorce: how to respond, agree or disagree, start your own proceedings, court hearing, apply for a decree absolute.

https://www.gov.uk/respond-divorce-application

HowcanIhelp123 · 13/09/2023 18:25

Exactly what stage of the process are you at? Do you have the NISI?

Dreambig1 · 13/09/2023 18:42

@HowcanIhelp123 @INeedAnotherName
Very early. I received the divorce application/petition to my email and home address.

OP posts:
Tosca23 · 13/09/2023 19:18

Sorry sounds like a mare. If he is moving abroad, dealing with the legalities will be complex. Are there much financial assets? If he leaves and goes abroad and doesn't engage in financial discussions, possibly that could go in your favour. Some people just get divorced and the finances probably never get sorted out. I suppose if someone has done a bunk to a different country then you might be able to get the finances agreed in their absence possibly - a solicitor would have to advise.

I don't see why acknowledging receipt of application would be a problem from your point of view, but best speak to a solicitor.

HowcanIhelp123 · 13/09/2023 19:53

I'm not a lawyer but as I understand it, if there isn't a consent order, then either party can go after the other for financial settlement until they remarry. So if he bunks off abroad and remarries, he can't go after OP for anything in her sole name. Does leave issues if he is significantly better off in terms of assets for OP.

If its early in the process and he's desperate for speed, OP has the upper hand. OP can string it out to the maximum of all the deadlines etc and make it a much longer process than it has to be or he can be reasonable and sort out finances and get it done quickly.

INeedAnotherName · 14/09/2023 00:14

Okay, then no you can't stop the divorce. Since last April there is only no fault divorce (no longer adultery, unreasonable behaviour or separation). However you can delay it being granted until the financials are agreed by the judge. Only a solicitor can do that (I think) so you really need to talk to one regarding the process.

It will still take 20 weeks from you signing to applying for the decree nisi, then a further 6 weeks until the absolute. Do NOT get the absolute until the financials are sorted. However whoever starts the process can apply for the absolute (DH), you won't be asked for your final approval, which is why its imperative to get your own solicitor.

lawyermummy · 14/09/2023 10:34

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Dreambig1 · 14/09/2023 10:37

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Ah that would be very helpful. Can I PM you please?

OP posts:
Dreambig1 · 14/09/2023 10:39

Thank you all for the messages. Much appreciate it. I'm very lost. If he doesn't agree to clean break order, I won't be able to move on with my life.

OP posts:
lawyermummy · 14/09/2023 10:55

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This has been deleted by MNHQ for breaking our Talk Guidelines.

INeedAnotherName · 14/09/2023 19:08

Dreambig1 · 14/09/2023 10:39

Thank you all for the messages. Much appreciate it. I'm very lost. If he doesn't agree to clean break order, I won't be able to move on with my life.

This is what solicitors are for. Your husband doesn't get to refuse a clean break as ultimately it is up to a judge to decide. Judges have been known to throw out financial agreements if they see them as unfair. The judge decides. Not your ex. Get legal advice.

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