Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
This is a UK based forum about divorce and related issues. Feel free to contribute. Your experiences or opinions may help others. The links on the left lead to basic information about most common divorce questions. The information opens in a separate window. You can use the search function to search the forum.
User: Log In Create A New Profile
Actions: New Topic Print View RSS
Search
History: Home UK Divorce Forum
Topic:
Decree Absolute as respondent (7 Posts)
Started By:
Date:
12 January, 2017 11:23AM
Decree Absolute as respondent
Pappagallo - 12 January, 2017 11:23AM
My partner is going through a divorce at the moment which is proceeding on the 2 year separation clause.
He foolishly agreed to be the respondent when it's really him who wants the divorce and should have been the petitioner.
The whole process is now stuck for almost a year at decree nisi stage as his ex won't make a full financial disclosure.
They both have solicitors.
My partner's solicitor has got all the papers for my partner's financial affairs ready and keeps sending a chaser to the other solicitor once a month without ever receiving a response.
My partner is loosing patience, as all his solicitor does is to send an e-mail to the other solicitor once a month asking for their disclosure but never actually receiving a response and never actually picking up the phone to find out what the problem is.
So the whole process is just stuck at this point.
My partner now wants to apply for the decree absolute himself but was told by his solicitor the judge wouldn't like that and he'd better not.
So the whole thing has ground to a full stop.
My partner is now considering his options. If his ex is not making a disclosure how long should he wait until he attempts to obtain a decree absolute himself or can he simply not get divorced now as his ex won't move on with the required process ?
He understands there will be a hearing if he applies but what is a reasonable time for a respondent to wait if the petitioner is not responding ?
Re: Decree Absolute as respondent
davidterry - 12 January, 2017 07:02PM
Without financial disclosure he would be unwise to apply for decree absolute because the chances are high that his wife could show some sort of prejudice if decree absolute was granted before the finances were settled. If she will not co-operate on the finances voluntarily then the answer is simply that he makes a court application to have them resolved. That does incur costs but he does not have to sit on his hands if he does not want to.
Re: Decree Absolute as respondent
Pappagallo - 16 January, 2017 11:14AM
Could he make an application to have the costs for this put on to the petitioner who is frustrating the process and therefore forcing this action ?
Re: Decree Absolute as respondent
davidterry - 16 January, 2017 02:23PM
No. The petitioner probably has good reason for what she is doing.
Re: Decree Absolute as respondent
Pappagallo - 17 January, 2017 12:02PM
probably has good reason for what she is doing

Such as ?
Not to respond to any form of comms for a year ....what good reasons ?
How long can a respondent be expected to wait for a financial disclosure from the petitioner ? At what point can it be considered the petitioner is frustrating the process ? two years ? three years ? five years or maybe ten years ?
Surely at some point it must be considered the petitioner is frustrating the process and the respondent shouldn't have to pay to force her to comply.
He would like to move forward with his life and end this marriage but is prevented from doing so by the petitioner who is constructively frustrating the whole thing.

Or would it be just as quick to ask the court to strike out her divorce petition and then file his own petition as the respondent on the five year separation clause, as she wouldn't have to agree to it under those terms and he can drive it through much faster ?
Re: Decree Absolute as respondent
Andyk - 17 January, 2017 12:13PM
I think you summed it up when you said he foolishly agreed to be the respondent when it was him that wanted the divorce - that played right into her hands as she controls the timescales.

As David has said, the only way it looks like progressing this is to make a court application to have the financial issues resolved and force her hand. The chances are that will galvanise her into some sort of action as it will cost her.
Re: Decree Absolute as respondent
davidterry - 17 January, 2017 06:46PM
>>probably has good reason for what she is doing

Such as ?<<

Such as suffering some kind of prejudice if decree absolute is granted before the financial issues arising from the marriage are formally and finally resolved.
Goto Topic: Previous Next

Sorry, only registered users may post in this forum.