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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Divorce stalled

  • Gotmarried
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19 Apr 24 #522903 by Gotmarried
Topic started by Gotmarried
My wife begun the divorce process in mid 2023, the 20 week period was up in Nov, however she has not moved to the next stage of the process.

Is there anything legally I can do about this? When I speak to the court they say I have to wait on her and there's nothing I can do. I'm feeling very much trapped.

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19 Apr 24 - 19 Apr 24 #522904 by rubytuesday
Reply from rubytuesday
edited to remove incorrect info.
Last edit: 19 Apr 24 by rubytuesday.

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19 Apr 24 #522906 by Gotmarried
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Thanks for your reply, I’ve had a look at the deemed service and it only seems to apply where the respondent has not acknowledged the service. Does this still apply as my wife is the petitioner and the 20 week wait has concluded?

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19 Apr 24 #522907 by rubytuesday
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Apologies, I misread the post.

​The only grounds a Respondent has to dismiss an application are "want of prosecution" This requires proof of an abuse of due process, and the threshold for this is significant. The leading authority on this is Icebird Ltd v Winegardner [2009] UKPC 24 and sets out that the person applying to dismiss must show that the lack of progress is a result of ‘intentional and contumelious’ amounting to an abuse of the Court. You may have a case to apply for want of prosecution, if you can prove the allegations that the petitioner is doing so deliberately to prevent you moving on. The Court won’t grant this on a whim, so formal statements will be required together with a fact find hearing, most likely last 1 day.

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27 Apr 24 #522950 by Gotmarried
Reply from Gotmarried
Thank you for your reply.

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