Opinion on messy divorce

T

Tricksy

Guest
Hi there,

I was wondering if anyone could shed any light on our situation? My partner was married previously for 2.5 years with no children and has a Judicial Separation. His ex-wife was well looked after in the separation. She bought him out of the family home but for about 40% less than he was entitled to as he just wanted her out of his life. In return she waived her rights to his pension.

He filed for what I think was called 'a simple divorce' in January of this year. His ex-wife keeps threatening to file a defense but has yet to do it. She has been motioned for this defense at least three times but each time she ignores the court date. She has managed to stall things out so we now have to wait until after the summer break. Our next date is in October.

Can she just continue to ignore the motions indefinitely? My partner's solicitor has told him that the courts won't rule in default once solicitors are involved (they both have solicitors). Is he not entitled to a divorce as a citizen of this country? It's so frustrating because we know she wants more money (that we don't have) and we are worryed if we are going to have to remortgage our house. We can't plan for the future. Surely this woman can't make him pay for the rest of his life - can she???

Any thoughts or advice would be appreciated.
 
Can she just continue to ignore the motions indefinitely?

No - the Courts patience is limited.

My partner's solicitor has told him that the courts won't rule in default once solicitors are involved (they both have solicitors)

Actually, its just as well she has a solicitor - if she didn't there might be a view that she did not know what was going on. I think the Court will (ultimately) ask the Solicitor to explain why a default order should not be made. If client will not instruct the solicitor, they should apply to "come off record" - its a formal application and shows that solicitor has told client what will happen if they ( the client) do not deal with the situation.

People behave in marital breakup the way they behaved in marriage. Spouses should never be surprised at the others behaviour.

mf
 
Thanks for your reply MF1.

When you the say courts patience is limited, my partner will have been waiting 9 months for her to file a defense by October, how long more will the Judge give her in your opinion?

She also tried to blackmail him off the record. She ran up a 4.5k in legal fees and said she would agree to the divorce if he paid her fees. He said no and so now she's contesting the divorce but refusing to file a defense. Her solicitor is aware of all this. Is there anything my partner can do? Can he tell the Judge about this?

Thanks for taking the time to reply.
 
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