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Getting legal aid

  • seftondon
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09 Nov 10 #233605 by seftondon
Topic started by seftondon
Does anyone know how easy ths is?

I've posted before, I was married just under 3 years and there are no children.Although I have 3 boys from a previous marriage, she has no children.

My STBX is living with her mother and I think still has a council flat in Liverpool.

She filed for divorce on grounds of my unreasonable behaviour (which I didn't agree with but wanted things to progress).I've received the Decree Nisi and a request that I pay half her legal bills. We have written back saying we aren't going to pay anything to her costs.

I'm concerned that things might now stall as she might not be able to pay her solicitor. I've filled in my form E about 6 weeks ago but we've not heard anything from her re timing.

Will the fact that she is waiting for legal aid (Idon't think she is working) hold up the absolute? Can the Absolute go ahead without the financial issue being resolved.

What if she doesn't respond or disappears? Where would that leave me.

This is a bit open ended but it's hard to know what her thinking is...

  • dukey
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09 Nov 10 #233609 by dukey
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Is the letter an order of court saying you must pay half of the divorce costs or a request from her solicitor if the latter only court can order you to pay costs and this is usually done and dusted pre Nisi.

Yes you can divorce with out finalising finances the two issues are separate.

You have the Nisi so even if your wife refuses to apply for the Absolute you can apply you just have to wait 4.5 months after the nisi was granted.

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10 Nov 10 #233757 by seftondon
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Thanks what happens if she doesnt respond to requests to reach a financial agreement? Is there anything I can do? I feel she might not respond or for some reason be unwilling to exchange form E's

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10 Nov 10 #233758 by dukey
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The court process is formal and cannot be ignored, dates for hearings are set a date for exchange of form E is set, in short if you refuse to do as a judge says penaltys come into play these include penal notices and even imprisonment ultimately.

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