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History: Home UK Divorce Forum
Topic:
Ex won't divorce unless I pay (8 Posts)
Started By:
Date:
15 January, 2018 02:57PM
Ex won't divorce unless I pay
Bumblebumble - 15 January, 2018 02:57PM
I have sent out 2 years with consent to my ex. If he doesn't agree and sign the we have threatened going down the route of UB and him coughing up the costs.

He emailed me today saying he will only agree if I pay ALL legal costs. He has refused legal representation and I have a solicitor, what happens now?
Re: Ex won't divorce unless I pay
davidterry - 15 January, 2018 05:30PM
Petition for divorce on the grounds of unreasonable behaviour. Where there is doubt about whether the other spouse will consent to a divorce based on two years' separation or where the consent is in any way conditional it is simpler and safer to petition for divorce on the grounds of unreasonable behaviour.
Re: Ex won't divorce unless I pay
Bumblebumble - 15 January, 2018 06:15PM
So what do I do?
Shall I just wait 14 days and then file for UB?
Do I tell him I don't accept his reply? I'm unsure of my next step?

I'm very reluctant to have too much contact with my solicitor as even thinking about this divorce is costing me ha ha!

Can I actually recover the costs if he doesn't comply to my first request?
Re: Ex won't divorce unless I pay
davidterry - 15 January, 2018 07:11PM
If your solicitor has actually issued a divorce petition based on two years' separation with consent (ie paid the court fee) then you are stuck and it will be difficult to change the ground on the petition. However, if he/she has just prepared a draft and/or asked your ex whether he would consent to a divorce on this ground you are free to issue a petition based on unreasonable behaviour without further complication.
Re: Ex won't divorce unless I pay
Bumblebumble - 15 January, 2018 07:36PM
No this was officially sent.
We have put
'in the event we do not receive the consent form then we will have no choice but to petition on the grounds of unreasonable behaviour and seek full costs against you'
Re: Ex won't divorce unless I pay
davidterry - 16 January, 2018 12:39PM
>>No this was officially sent.

If by that you mean that your solicitor has issued a divorce petition based on two years' separation and paid the court fee I think you will come to regret it. The fact is that you cannot make your husband consent and he can attach whatever conditions he wants. The problem you now face if such a divorce petition has been issued is that you will find it very difficult to amend such a petition to one based on unreasonable behaviour. If you attempt to do so a court is very likely to ask how he can be unreasonable when you haven't lived with him for the last two years. In practice it is very difficult to amend such a petition. It is normally better to find out before issuing such a petition that the respondent will consent and in cases of doubt to issue on the grounds of unreasonable behaviour in the first place.
Re: Ex won't divorce unless I pay
Bumblebumble - 16 January, 2018 02:08PM
Thanks for your reply.

Sorry if I haven't been clear..

I haven't signed anything yet. I have all the paperwork ready to go but am away my ex's cooperation.

He has been sent forms which his solicitor won't release to him until he's paid an outstanding fee to them... This is what he's said...

I think the form is for him to sign and say he agrees 2 years separation. If he doesn't comply we will go another route

Can this still be withdrawn considering the situation now and the fact I've not signed yet either?
Re: Ex won't divorce unless I pay
davidterry - 16 January, 2018 02:44PM
I think I have been about as clear as I can be about this. If your solicitor has not yet issued a divorce petition based on two years' separation it is silly to go on playing these games and you should issue one based on unreasonable behaviour. A court won't care whether your husband has paid his solicitor's costs or not or whether he is just trying to string you along.
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