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Legal matters

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Defended divorce query

6 replies

adorably2014 · 03/03/2015 21:13

I initiated a divorce from my husband in Dec.
Papers were served along with non-mol and occupation orders. My husband (who is employing solicitors) has since delayed everything as much as possible. He finally filed an answer and is objecting to the divorce. The grounds are that he disagrees the relationship has broken down.
Now I understand he cannot really claim this. There is a hearing scheduled. I am very worried about what is going to happen. I fear he is going to use anything to delay the process. If he is told the grounds he gives are not acceptable can he then decide to object on other (maybe never mentioned before) grounds such as financials or children arrangements and therefore delay proceedings further? Would that trigger another hearing again? Or would he be told that that's it he has had his chance and it's too late and proceedings can carry on. I guess my question is how much defending is possible before someone is told it's not acceptable anymore?

I am currently a sahm and he is a high earner so fees are no problem for him. The orders were granted because of dv but he will not be charged for what he did to me and also there are no restrictions on him seeing the children.
I don't know if I have included enough info but in essence my question was as above. I should say I have a solicitor but won't be seeing them until next week. I am looking for a clearer idea of what might happen until then as I feel quite unsure about things today.

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Collaborate · 04/03/2015 09:49

You don't need to worry. By defending he's already pissed off the judge, who thinks he's an arse. You're unlikely to need to give very much evidence. If H has assets you could expect getting an order for costs and then enforce it. Make sure then that you're represented at court.

adorably2014 · 04/03/2015 10:29

Thank you very much for the response.
And if he decides to not defend on that ground at the last minute. Is it possible? And does that mean the hearing will be cancelled? My solicitor doubts he will go through with it because it's so pointless apparently to do that. What will happen then? Can he still defend on other grounds? Will that be likely to trigger yet another hearing? Or is he likely to be told to stop pushing the system and submit form E and whatever else is required.
Sorry, I know no one has a crystal ball but I just get very confused (and stressed) about it.

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Collaborate · 04/03/2015 10:42

It's just about the divorce, not the finances. If he decides to withdraw his defence the judge will pronounce Decree Nisi. You should also ask for an order for costs. He'll be on a hiding to nothing over costs anyway. He may try and offer to withdraw the defence if you agree not to claim costs from him (is very common at the door of the court with a hopeless case). Whether you accept that or not is up to you, but as you'd have incurred all the cost in getting there anyway I'd tell him to go do one.

adorably2014 · 04/03/2015 11:22

I see, thank you. Already decree nisi? He hasn't even submitted a form E yet. Is that possible? Surely not? I thought it would be months before that.

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crabbyoldbat · 04/03/2015 12:40

Divorce and finances and child arrangements are separate.

You get a decree nisi to say the divorce will happen in principle. After a couple of months they issue a decree absolute. People are advised not to sign this until all finances are sorted, as it can be more difficult to sort finances afterwards.

Your financial matters will be dealt with separately - either you agree on them (through mediators and/or solicitors) and legal papers are drawn up and 'stamped' by the court, or you can't agree and you go to court for the judge to make a decision for you. The form E is used to gather information for either of these . At the end of either of these, you have a legal piece of paper saying who is to have what, and who pays who what, and when.

Child arrangements can also be agreed between you, and no legal papers drawn up. Or, if you can't agree, or want it set in stone (often a wise move) again you go to court and the judge decides, and a legal paper is drawn up. There is overlap between finance and child access, as maintenance payments will depend on where children live, for instance.

adorably2014 · 04/03/2015 21:35

Thank you for explaining. I think maybe I'm getting confused as we have had hearings for the orders that have involved child arrangements already and there are problems with temporary maintenance for me. Somehow I didn't think a decree nisi could be given that early on. It was only December that papers were issued. Is he in fact potentially making things go faster by defending with that reason? I find it strange (not that I am complaining if this is what happens).

And yes, I want everything set in stone including child arrangements. That is likely to take years especially for financials.
Many thanks again.

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