Divorce advice
Discussion
Hi guys just after a little advice. Currently in the process of getting divorced (thankfully)got the admission/consent form back in October and signed and returned it straight away hoping it would gather speed from that point but here lies the first problem, I haven't heard another thing from her solicitor since then.
Second problem is i go off travelling for a year in 4 weeks time and am now wondering if i can give someone power of attorney to deal with any paperwork that comes during my time away.
Any advice is greatly welcomed
Cheers
Second problem is i go off travelling for a year in 4 weeks time and am now wondering if i can give someone power of attorney to deal with any paperwork that comes during my time away.
Any advice is greatly welcomed
Cheers
Your solicitor should be able to accept instruction over the phone or by email, so there should be no problems there. The only thing that will require your actual personal attention is signing important documentation with a witness, which will be the petition at the start and the Consent Order at the end.
firman said:
The ex is the one petitioning on the ground that i started a relationship with another woman.
On grounds of Adultery or Unreasonable Behaviour?Either way, as the respondent you have little way of speeding up the procedure short of making your own petition or starting court proceedings.
Edited by JonRB on Tuesday 6th April 15:18
So you haven't got the 2 year b
ks to worry about, which speeds things up.
Speed will be driven by her. She'll receive a certificate of entitlement, allowing her to apply for the nisi. Once that is granted, she can apply for the absolute.
At this point, tbh, unles there are finances outstanding, there isn't anything more you need do.
ks to worry about, which speeds things up.Speed will be driven by her. She'll receive a certificate of entitlement, allowing her to apply for the nisi. Once that is granted, she can apply for the absolute.
At this point, tbh, unles there are finances outstanding, there isn't anything more you need do.
firman said:
Thanks for the speedy replies guys, as it stands i havent even spoken to a solicitor yet because there is no money, property or children issues i just needed to know if any paperwork was to come while i was away if i could put someone in place just to sign the papers.
If that's the case all you will need to do is acknowledge and accept the Petition. There will be nothing more to sign, although I would imagine there will still be a Consent Order to sign as you will want to make sure that your wife can't make any further application in relation to the marriage under the Matrimonial Causes Act 1973 Section 23(1)(a) or (b) or make an application to the Court on your death for provision out of your estate.You'll also want to state that all claims for financial provision, pension sharing and property adjustment Orders stand dismissed.
So, in other words, you'll want a Consent Order and you'll probably need a solicitor.
Justayellowbadge said:
Be aware you as respondent will be liable for your ex's costs for the divorce proceedings. This tends to be about £1500 with court costs and her brief's fees.
Only if not agreed otherwise. On my divorce it was a condition of me (as Respondent) accepting the Petition unchallenged that court costs were shared and each party paid their own legals. There's nothing in law that says that the Respondent is always liable. Edited by JonRB on Tuesday 6th April 15:31
I wouldn't worry, she's petitioning you, so if you're not there to sign something what's the worse that can happen? The divorce will granted in you absence, not exactly a big deal. You've said there are no outstanding financial or parental matters so unless one of you wants to get married again then then sod it, let it wait a year.
mel said:
I wouldn't worry, she's petitioning you, so if you're not there to sign something what's the worse that can happen? The divorce will granted in you absence, not exactly a big deal.
It's a fair point actually. The "getting unmarried" part of the divorce should proceed quite happily in your absence; being Petition, Decree Nisi, then Decree Absolute. Assuming the Petitioner drives it along and actually applies for the Decree Nisi and Decree Absolute.I guess you could sort the Consent Order out on your return.
Edited by JonRB on Tuesday 6th April 16:33
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