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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have petitioned for divorce on the grounds that we have been

Customer Question

I have petitioned for divorce on the grounds that we have been separated 7 years - we jointly own property, all our children are grown up, does my husband have to consent, he has the forms but as yet hasn't signed them.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is***** will do my best to help you.
All you have to do is arrange for the Petition to be personally served on your husband.
If he continues to ignore the Petition then once you have served him you can simply go ahead with the application for the Decree Nisi - once the 21 days have passed.
I hope that this is of assistance please ask if you need further details
Clare
Customer: replied 2 years ago.

He has said he has the petition and has sent it to his solicitor, it is unclear as to whether he has signed them, I don't think so, will they need to be served again? Will the court require any joint property to be sorted out at the same time before giving a decree absolute?

Can I ask if he is considered not to have capacity, (he had a stroke three years ago) is the process the same?

Expert:  Clare replied 2 years ago.
Hi
You nee to arrange for a fresh set of the paperwork to be issued and sent to you.
(send copies to the court and they will do this)
You then arrange for these to be served on him personally by a Process Server - it generally costs £100 or s.
The finances do not have to be sorted at the same time UNLESS your ex asks the court to do so, and yes the process remains the same no matter what
Clare