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Topic:
Unsure of next step. (6 Posts)
Started By:
Date:
26 June, 2017 05:53AM
Unsure of next step.
Valeria - 26 June, 2017 05:53AM
Hello

I'm looking for a bit of advice.

I have a decree nisi and my former partner is pushing for me to apply for the absolute, I have no doubts about the divorce itself, but my concern is that I have not been given appropriate time to work out finances.

When we started the divorce proceedings, I was very sick and not in a clear state of mind. I thought we could manage this in a decent and amicable manner and wouldn't need to use solicitors, thinking it would just complicate what should be a simple process and cost money I didn't have.

I have no financial order or settlement and now I am well, I can see this is a problem and feel I, and my health status have been manipulated somewhat.

Should I apply for the decree absolute? Can / should I ask the courts to delay the divorce? The deadline for application is August.

Thanks for reading

V
Re: Unsure of next step.
davidterry - 28 June, 2017 02:21PM
Whether you can insist upon grant of decree absolute being delayed depends upon whether you would suffer some significant prejudice if it was granted. Simply not wanting it to be granted is no sufficient. In order to be able to insist upon it there has to be some actual prejudice (which can take many forms but which may or may not exist).
Re: Unsure of next step.
Tracy - 19 July, 2017 06:33PM
Hi I've just received a letter saying Upon making the decree nisi ordered that the respondent pay the costs incurred on behalf of the petitioner in this cause to be assessed if not agreed ..
Me being the respondent what does this mean & what do I do next thanks
Re: Unsure of next step.
davidterry - 21 July, 2017 09:05AM
Well, if you intend paying the costs you need to contact the petitioner or the petitioner's solicitors to ask what the costs are and to see whether you can agree the amount that you should pay.
Re: Unsure of next step.
Tracy - 25 July, 2017 02:15PM
I don't intend on paying a penny as my ex was the one to have an affair & wanting the divorse
Is it right I can write to the court & appeal his decision
Thanks
Re: Unsure of next step.
davidterry - 28 July, 2017 09:31AM
Appealing the decision will incur more cost and appeals don't necessarily succeed just because you don't like the decision. Appeals are difficult and the outcome is usually that the original decision is upheld. For that it is worth the reasons you have given above for not wishing to pay are not in any way legal reasons which would justify overturning the decision (which is not to say that such reasons may exist).

Rather than go down this route it might be sensible to find out whether anyone is actually seeking costs from you.
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