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Topic:
Ex wife refusing to sign divorce papers (8 Posts)
Started By:
Date:
02 March, 2017 08:45PM
Ex wife refusing to sign divorce papers
Molly - 02 March, 2017 08:45PM
My partner is in the process of divorcing his ex wife on the grounds of unreasonable behaviour and the divorce petition has been prepared and sent to the courts for processing and issue. He has been advised by his solicitor that these should be received by his wife within the next few days.

However she is now indicating that she has been advised by her church elders not to sign the divorce papers .....she is a Jehovahs Witness as I have discussed before in another post....

My question is what is the procedure if she does not agree to signing the papers.

If she fails to return the paperwork what happens then.

I thought I had read somewhere that providing it can be proved that she has in fact received the petition then her decision not to sign is irrelevant providing a certain time period has elapsed. Is this correct?

I have told my partner that the law of the land is on his side and that whatever the elders have advised her is irrelevant to getting a divorce. It is in no doubt that the marriage has irretrievably broken down and this cannot be denied.

To our knowledge she has not taken any other advice other than from her church elders and is unlikely to do so given their beliefs on divorce.

Any advice on this matter would be appreciated.
Re: Ex wife refusing to sign divorce papers
Andyk - 02 March, 2017 10:26PM
He will have to get a process server to serve the papers on her, that will prove that she has received them and the divorce will go ahead whether she signs or not. Get him to use a private process server not the courts as I believe that they are not as effective as a private one.

The shame on her for allowing herself to get divorced, the church will probably excommunicate her and she will burn for eternity in hell. Or she will get on with her life as a divorced woman and the sky will not fall in, take your pick.
Re: Ex wife refusing to sign divorce papers
Molly - 14 March, 2017 10:57PM
The acknowledgement of service has been signed and returned but she has indicated in question 1c that she does not agree with the statements of unreasonable behaviour and in question 4 that she intends to defend the case.

If she fails to complete the necessary 'answer' form by the required date and submit this does this mean that the case can effectively go forward as undefended.

My partner's solicitor has drafted the decree nisi application on the basis of an undefended case at the moment. It does not appear that his ex wife has engaged a solicitor to act on her behalf in this matter.
Re: Ex wife refusing to sign divorce papers
Bubblegum - 24 March, 2017 12:32PM
Interesting outcome in the Owens v Owens appeal! Might be worth a read.
[www.familylaw.co.uk]



Edited 1 time(s). Last edit at 24/03/2017 01:12PM by Bubblegum.
Re: Ex wife refusing to sign divorce papers
davidterry - 27 March, 2017 09:41AM
>>If she fails to complete the necessary 'answer' form by the required date and submit this does this mean that the case can effectively go forward as undefended.

It does mean that, yes. To defend a divorce it is not sufficient simply to say so on an Acknowledgement of Service. In order to do that a fee needs to be paid and a formal answer filed. When faced with this expense (and the likely consequences) most people who indicate that they intend to defend do not go this far. Once the time for filing a formal answer has expired the divorce can proceed on an undefended basis in the normal way (assuming that service of the divorce petition can be proved one way or another which is not a problem if an acknowledgement of service has bene returned but can be an issue if 'I intend to defend' is only verbal).
Re:I dont want a divorce until 2 years time
face - 27 March, 2017 03:01PM
Hello, I read somewhere recently that current divorce law in the uk says that I can refuse to agree to a divorce until we have lived apart for 2 years, is this correct please?
Re: Ex wife refusing to sign divorce papers
Molly - 27 March, 2017 03:48PM
Thank you for the reply.....I think the clock has now ticked past the point of which she could submit an answer so guess it will be just a matter of time for the papers to be dealt with by the courts....am guessing the time taken for this must depend in part on their workload.
Re: Ex wife refusing to sign divorce papers
davidterry - 28 March, 2017 11:39AM
>>Hello, I read somewhere recently that current divorce law in the uk says that I can refuse to agree to a divorce until we have lived apart for 2 years, is this correct please?

No, it isn't. One spouse does not have a veto upon the other getting a divorce. If properly advised there should be no difficulty about getting a divorce without needing any period of separation or the consent of the other spouse.
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