Divorce / Judicial Separation

[Amethyst]

Not sure if I am just being too anal so thought I'd ask you guys if anyone has been through a divorce/is knowledgeable in this area.

My husband has petitioned for divorce - all fine happy to agree no arguments / finances etc to sort out so should be straight forwards based on two years separation with consent etc.

I haven't returned the acknowledgement of service agreeing yet because the court have it down as Petition for Judicial Separation - which isn't what we want.

I don't know why they have it down as this but the court reference number is specific to Judicial Separation (have spoken to the court a few times and they confirm this and although suprised as they don't get many there's nothing I can do to correct it) and the acknowledgement of service form and Notice of Proceedings both state 'petition for Judicial Separation'.

Husbands solicitor is treating me like I'm a plank hence feeling like it might just be me being a bit particular but he's insisting it's right and having a go at me for not acknowledging.

Petition was entered end of Feb, and I contacted the court, the solicitor and my husband back then to get it corrected, and solicitor wrote to me last month (in a tad patronising manner) saying it was all fine and I should just acknowledge, so I asked the court for a replacement acknowledgment form - and it still states Judicial Separation. I phoned court again and they are 100% on it being that even though PART 5 of the form clearly states Divorce.

Bit frustrated as this should be so easy.

So am I right not acknowledging until the court have it down for the right thing. I'm not being forced into defending simply because the court have it down wrong.

Frustrated !

[Sapphire]

Re: Divorce / Judicial Separation

What planet are they on, Judicial Separation is nothing more than a legal separation, personally I think if your hand is forced then you need to make it clear on all paperwork that its not what either of you want and that you want the divorce done and dusted so that you can all move on.

Flaming divorce lawyers and courts love nothing more than to tie things up eh.

Just found this, seems informative http://www.sfla.co.uk/judicialseparation.htm

[Amethyst]

Re: Divorce / Judicial Separation

Yip, I think it is just the court made an error, a damn weird one as it is really unusual to petition for JS nowadays, and when I have spoken to the court they have always been suprised (is has a different court reference to divorce so it's definitely in that pile) but can't do anything and obviously can't give me legal advice so in my mind if I just send back the acknowledgement agreeing to everything we'll end up being judicially separated which is completely pointless and a waste of money/time etc, so I just want ex's bloody solicitor to contact the court and get them to correct it, send me a new set of forms so I can just sign the damn things and get it over with. If I send it back writing on it that it's divorce rather the JS then I'm a bit concerned it would be seen as defending the JS and end up with hearings and hassle, and cost, that isn't necessary. Well I've told ex to contact his solicitor again but I'm not holding my breath - this has been going on since February and his solicitor only wrote to me end of June. So far as I can see it IS just down to the court (or just me being a plank lol)

Attached D8 and D10

[Amethyst]

Re: Divorce / Judicial Separation

Just a wee update. Ex's solicitor has finally got in touch with the court to fix the error and I received new copies of the court docs with an amended court number and changed to Divorce as opposed to Judicial Separation due to ''court error'

I knew I was right lol. So AOS sent back and just wait for the decree's to come back now.

Thanks

[Celestine]

Re: Divorce / Judicial Separation

Blimey, only just seen this! What a WEIRD cock up, especially with a divorce solicitor involved!!? How annoying, you should have both done a DIY one! Well done though xxx

[leclerc]

Re: Divorce / Judicial Separation

Just spotted this one myself. I am not sure you are as big a thickie as you think you are and clearly this thread demonstrates it

[Nikolai]

Re: Divorce / Judicial Separation

My guess is some plank in the solicitor's office filled in the wrong form. I've known it happen! Only ever did one JS petition in 20 years, so agree a very rare beast and only really of use if the parties don't want to end the marriage (maybe for religious reasons) but want the court to make financial orders.