A couple are still married after a judicial separation.It's a state of bizarre legal limbo where you very specifically not married to someone anymore but can't marry anyone else either.
If there is refusal to Co-operate and you are before the courts then your solicitor can appeal to the judge to apply sanctions to the party who is not cooperating. The issue is the timeline. The courts and judge/registrar will give every opportunity to someone to comply because they don’t want to apply sanctions too hastily. All you can do is urge your solicitor to push for quicker resolution during the court hearings.
Has your solicitor explained the next steps that can be taken. He would be best placed to advise you as he knows all the details.
This type of response bugs me. Its not helpful and not in the spirit of AAM. Its antagonistic.Your solicitor should be answering this question.
I'm no great defender of other posters, but ClubMan is right.This type of response bugs me. Its not helpful and not in the spirit of AAM. Its antagonistic.
Sure for most questions posed one could respond with - your financial advisor shoukd be answering this, what does your pension advisor say, your mortgage advisor, your bank, your accountant, your whatever.
The one point that all those who divorce should remember is ‘Where the children go. The money follows’.I'm no great defender of other posters, but ClubMan is right.
1. When the laws concerning divorce were being drawn up we were informed that the process would be simple, easy and dynamic. The process has failed on all three. Very few gain in divorce, but the legal people always gain and it's in their interests to draw the subject out for as long as possible.
2. Nobody thinks of the parties involved. There are emotional difficulties (for one at least).
3. Financial issues just grow and grow.
4. Perhaps I'm approaching my dotage, but I can see a day when nobody will get married in Ireland if the divorce proceedings remain as is.
5. The big problem here is one party is refusing to engage in the process. The other has to complete the same legal forms for every hearing and is engaging. But, she is engaging with the solicitor only. Likely, there is much more at play in this case (and it's none of our business) but once again the OP is left in an expensive state of limbo.
Nothing you can do about what? You can't be refused a divorce in Ireland. Unlike the UK system.solicitor is saying there is nothing I can do.
Compared to the UK system, where you must have 'grounds' for divorce; ours is relatively simple.process would be simple
Try getting a divorce in a hurry with a non-cooperative, non-resident spouse even with no property or children. You will be looking at five figures in legal fees too.Where the complexity comes in is in regards to children & property
Not if nothing is happening. The file just sits there and no fees accumulate but the solicitor doesn't get paid for the work already done.. . . and while all this and more are going on your solicitor's fees grow like wildfire.
It seems that you have an expensive solicitor. Mine charged a lot less than that and she did an excellent job all things considered.I'm looking for a second opinion here. I haven't got €300-€400 hour+ VAT for a second legal opinion.
Not necessarily. In my case my Ex got more than me even though the children are mostly with me.The one point that all those who divorce should remember is ‘Where the children go. The money follows’.
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