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Divorce/separation

Help with defended divorce

6 replies

Iwishicouldflyfarfaraway · 14/05/2014 16:45

Hi , I'm looking for some advice/knowledge on what happens in a directions hearing.
I filed for divorce , received papers back from court In which ex said he intended to defend had enclosed a statement 90% of which was lies but agreed that marriage was irretrievable.
The covering letter from the court said in I didn't receive a copy of an answer from them in a month I could proceed , so I waited , received nothing & applied for nisi .
Today I received a letter saying that as his statement sets out his opposition so should be treated as a answer & we now have to have a hearing of this cause.
I'm hoping someone has some experience of this do I need to take anything? Will I be expected to speak? Why has the judge not noticed he agreed the marriage has broken down! I can't afford a solicitor which is why I was doing it myself , & didn't claim costs as I knew he'd kick off.
Thank you in advance

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Nappaholic · 14/05/2014 23:35

I imagine the judge wants to get you both in and see if s/he can get you to reach a compromise - contested divorces are very rare, but expensive and usually hugely irrelevant in terms of financial or children issues. The court has to make a finding that the marriage has irretrievably broken down. If one party disagrees, the court will have to hear evidence from both of you, and make a decision on who is more likely to be telling the truth. But by the very fact you are involved in contested divorce proceedings is why you should probably be divorced!

If your husband had sought legal advice, it would probably have been not to bother defending, just disagree with the allegations but accept the marriage had broken down.

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Iwishicouldflyfarfaraway · 15/05/2014 08:01

Thank you for your reply , I'm pretty sure he sought some kind of legal advice , there's no way he could have written the statement by himself.
I'm guessing he went for defended assuming it would cost me.
Can I ask as I went on the grounds of unreasonable behaviour how will which judge a determine who is telling the truth? Or will the 15 min hearing be to advise us on evidence required for the next? If that makes sense?.
Also does anyone know what happens if he doesn't turn up? Slight hope he'll oversleep!
Again thank you in advance

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Nappaholic · 15/05/2014 21:51

I would say the 15 mins is so the judge can hear why yr Husband wants to defend and perhaps nudge him into withdrawing his defence. If not, the judge will prob order statements to be filed and list for a "proper" hearing where you will each give your evidence in person and the judge will make a decision on the balance of probabilities as to who is telling the truth.

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Iwishicouldflyfarfaraway · 15/05/2014 22:17

Thank you so much , you've been really helpful, starting to panic less now.
Hopefully that is what the judge is hoping for as his opening line on his statement of arrangements is he agrees the marriage is now irretrievable!

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Nappaholic · 16/05/2014 00:04

If the judge has the two of you dinging it out in open court, it's a pretty foregone conclusion that the marriage ain't salvageable ... At least, not after that?

  • when is the hearing?
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Iwishicouldflyfarfaraway · 16/05/2014 07:47

Lol , this true! I'm surprised I guess that it's gone to this as his statement was sent through originally with the paper that says his intent & a letter from the court saying if I didn't receive a copy of the answer within a month to continue.
Didn't receive anything rang & was told he'd missed his time limit to defend , applied for nisi begining of March & then got the letter weds , hearing is for 28th ... 2 weeks time!!
I wouldn't mind if anything in his statement was true but it's not & I can't prove the lies as I packed up all his paperwork & sent it to him!

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