My wife & I have agreed everything but she has not put on the forms to the court although we have no financial issues to contest
I am to keep our house, having already paid out and settled her share
Our children are not children any more @ 22 and 23 years
We have been separated @ 6 years.
This divorce is dragging and already @ 12 months from us both agreeing to get a divorce
Her solicitor has agreed to represent both of us, I have complied with filling out all the forms back in February, which have been submitted and now @ this late time has asked for my bank details and savings account which I supplied @ end of April but now wants a full 12 month statements and any associated pension ( state & company ).
My wife is not interested in anything and just wants a clean break
I feel that the solicitor is just stringing things along and appears to be milking the situation
I did not think that this would be required if my wife is happy to proceed as agreed
Please can you help
Good Morning Alan
Thank you for your response.
I note that a clean break had been agreed between you. It is therefore likely that you would have completed a Statement of Information Form as well as a Consent Order.
A Financial Order cannot be submitted to the court until after Decree Nisi has been obtained - so hopefully this had passed. I normally submit the papers for a Clean Break Consent Order at the same time as applying for decree absolute - that being 6 weeks and 1 day following the decree nisi being made.
I am suprised that the solicitor has agreed to act for both of you as Rules of professional conduct prevent solicitors from acting for both parties - whilst in reality you may have both presented originally as being agreed - if entirely conceiveable for one of you to change your minds - which causes problems. I personally do not take instructions to act for both parties in a divorce.
I am also concerned to read that you have already paid out a settlement to your wife without a consent order being approved by the court. The order is not binding until it is approved by the court - and therefore their is the possibility that your wife could ask for more.
In relation to the court asking for more information - courts can ask for further information before they decide on whether or not to approve a consent order. You will have to supply what is being asked. Perhaps you could call the court directly to check the progress.
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