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If you attend a Financial Dispute Resolution (FDR) appointment at the court and reach agreement on financial settlement, if the district judge approves the agreement but the drafting of the order is left until later, neither of you will be able to change your mind. The court will treat the order as having been made
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If you are the respondent in divorce proceedings (that is, it is your husband/wife who has filed a divorce petition), and you intend to defend the divorce, you have to file your Answer within 21 days of the date by which you were required to acknowledge service of the petition. If there is no overseas
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To start divorce proceedings, the court fee is £340. At the end of the proceedings there is a further fee of £45, when the application is made for decree absolute. The court fee for making a financial application within the divorce proceedings is £240. The court fee for making an application under the Children Act
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Pension attachment has largely fallen out of favour because in most situations the receiving spouse gains greater financial security by means of a pension sharing order. With pension attachment, the income payments come to an immediate end if the receiving spouse remarries or if the paying spouse dies. With pension sharing, once the order has
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When a couple get divorced, the court has the power to rearrange their pension provision. This can be done by way of a pension sharing order. The court orders the trustees of the pension scheme to take a percentage of the transfer value of the pension and give it to the other spouse. What happens next depends
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Where a residence order is in force, nobody is allowed to take the child out of the United Kingdom without the written consent of every person with parental responsibility or the permission of the court. However the person in whose favour the residence order is made is allowed to take the child out of the UK for
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It can do, mainly because there are different rules for applying for decree absolute depending on whether you are the petitioner or the respondent. Broadly speaking, the petitioner controls when the marriage is finally dissolved. If you are the petitioner, you are allowed to apply for decree absolute once six weeks and a day have elapsed since
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If you petition for divorce on the basis of your spouse’s unreasonable behaviour but go on living together after you have filed your divorce petition, the court will disregard the fact that you have gone on living together. It is still possible for the court to decide that “the respondent has behaved in such a way
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A spouse who petitions on the ‘fact’ of adultery has to satisfy the court not only that their spouse has committed adultery but that they (the petitioner) find it intolerable to live with the respondent. Often this is the case, but sometimes the petitioner would have liked a reconciliation – perhaps they are only petitioning
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There is only one ground for divorce, and that is that the marriage has broken down irretrievably. In order to satisfy the court that the marriage has broken down irretrievably, the petitioner must prove that one of five ‘facts’ applies. The five facts are: adultery, unreasonable behaviour, desertion, two years’ separation (with the respondent’s consent)
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