Divorce help

[lgm_lucky13]

Hi All

Sorry i have another post and may possibly have a few more by the end of the day as I am trying to finally get straight, What is the best way to get a divorce are these online companies good ? or do i have to go through the courts as this is all dealt with and over 10 years since the split. I just need the paper now to finalise everything all the monies and house were dealt with many years ago. The only problem I have is that I do not know where she lives or possibly works no more.

I have no connection to her or her family and friends ,
how would i treat this matter ?

Thanks LM

[MIKE770]

Peridot might be able to update you on this type situation

[2222]

To clarify, do you have a decree nisi, but not a decree absolute?

The financial settlement was finalised in what way? Unless there was a court order, was it actually finalised at all? And if there was a court order, why did the decree absolute not follow straight afterwards?

and yes the only way to get divorced is to have a court order saying so, so you do need to 'go through the courts'.

I do not think you can do any of this without involvement of your ex. So, surely you need to get in touch and see what she says?

[MIKE770]

use to be a 2+ year separation with no whereabouts of partner?

[2222]

use to be a 2+ year separation with no whereabouts of partner?

Ah! You know, it never even occurred to me that the OP had never even started divorce proceedings but had still managed to reach an informal financial settlement! That could probably be reviewed if divorce proceedings are now commenced.

[Peridot]

Hi LGM_Lucky13,

Assuming you have not commenced any Court proceedings in the past so this would be an initial application for the divorce. There are only a number of reasons that can be cited in order to get a divorce but bearing in mind the length of your separation has already been 10 years it would be most likely you could divorce your other half on the basis of 5 year separation, so you don't need their consent to apply.

As far as the finances are concerned you appear to indicate that these were all sorted when you initially separated so neither of you are paying any maintenance to each other and any property you had has been dealt with in the past. Is that right?

Do you have any children from the marriage? When applying for a divorce you have to also confirm whether there are children and what arrangements have been made for them.

You will need your ex's name and address. You may have to instruct a tracing agent to locate the address of your ex, but once you have this you can apply on line for your divorce through the government site. There is also further information about what you need to do and the grounds for the divorce. (as I say probably 5 years separation would be most appropriate for you in the circumstances) here:- https://www.gov.uk/divorce/grounds-for-divorce

As far as the finances are concerned it seems that you have already dealt with this. To formalise the agreement reached technically you should have a consent order approved by the Court. This would involve both you and your ex completing a form declaring what assets you have and what has been agreed which the Court then considers and approves if agreed by them. Don't panic if you haven't got a formal agreement between you it would be difficult if for example one of you won the lottery or came into a considerable inheritance, for the other to claim any of the sum when you have been separated for so long with no ongoing financial arrangement. You do need to consider whether all your assets have been dealt with however and ensure that you have updated your Wills.

Hopefully that helps get you started but here if you need any more guidance.

[lgm_lucky13]

Dear Peridot,
I can only apologies as for some reason I have not received my notifications and am truly thankful for the above and ill try to answer all the points you have mentioned.

I have never made any court application to start any court proceedings at all.
There is no payment or maintenance paid to each person.
There are no children involved between our marriage.
I am currently and always have been in touch with my ex brother in law and his wife and they are seeking the address for her and will advise ASAP.
All finances fro the property and our separation has been completed and no further monies or finances are accountable.
Thank you for the link and will take a look and start proceedings going forward, Very much appreciated for the assistance

[lgm_lucky13]

Good morning Peridot, I now have the address for correspondence. Just to confirm all the financial legalities were signed off years ago. There are no intentions of pensions claims and all in order apart from the divorce, I just need to get his ball started as I can afford this now as have some PPI returned which will pay this.
I am just needing a layman's step by step guide to process this now so I can get this finally sorted. There will be no split cost as it will be me who has to pay for this.
Thanks LGM

[Peridot]

Hi again,
heres where you start the divorce https://www.gov.uk/apply-for-divorce
if you have agreed the finances then as soon as you receive the decree nisi (the initial decree not the absolute) you can make an application to deal with the finances too. This is the link explaining what needs to be done to apply https://www.gov.uk/money-property-wh...-consent-order
It May be advisable to get any consent order you prepare checked by a lawyer just to ensure you have covered all bases. This shouldn’t be too expensive as you have reached agreement between you it is just a case of ensuring the i’s are dotted so to speak.
Pop back if you have any queries.

[lgm_lucky13]

Hi Again,
Perfect thank you, I have made the start and submitted the information and paid my fee's. Thank very much appreciated, LGM

[lgm_lucky13]

Hello Peridot,

I have since filing for this divorce which i have to say has still caused me grief as the GOV.UK website wont accept my payments due to conflicting bank and their payment issues. Fingers crossed within the next 7 days i can call and make payment to and start proceedings.

However I have traced some divorce emails going back to a payment i made to Managed-Divorce in 2011 and they never completed barely started the divorce in fairness !! I have emailed them the proof of payment and emails and would I be entitled to a payment back to my self for work not carried out ?
I have all the documentation as even after 2 years from paying the invoice I was no further forward and gave in to them as no hope internet con company.

Am i entitled to this money back if they did not carry out their obligation to finalise my divorce?

Thanks LGM

[Amethyst]

Do you have a copy of the terms that you engaged them under ? Any complaint may well be time barred if there's been nothing since 2011. How much did you pay them ?

[2222]

It's eight years, so probably time-barred.

[lgm_lucky13]

Hi All,

I paid them £310.00 inc vat , I cant see any terms at all but will search my emails again, I have contacted them and they quickly dismissed me saying I very much doubt they will refund me.
Thanks LGM

[lgm_lucky13]

Hi, I still have online access to my case all the information is online still , the last update was 04/01/2013 from their side ?
I have saved this information and currently screenshot my account
LGM