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Hello, my name is*****'m a barrister and will do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
Both options are technically available - it will depend on the amount of equity in the house and whether this allows you both to move on AND provide a home for your child until they reach 18 as to whether the court would favour a sale now or postponing until 2 years have passed.
What grounds do you have for the divorce?
It is possible to divorce under grounds of adultery or unreasonable behaviour.
You can agree the financial settlement and agree to postpone the sale, if this is something you are able to agree to.
Yes that's correct.
See the link here - it explains the process of applying for a financial order:
And the flowchart here which sets out the process:
If you have further questions, you can always come back to me.
In the meantime, if you could take a second to provide a 5 star rating I'll be credited for my time spent responding to your question.
Yes. If agreed the process is more streamlined and you would be able to submit a consent order to the court, along with brief financial statements detailing each of your assets/ liabilities. See here:
It's form A, as in a contested application, then the consent order (which needs to be drafted by a solicitor) and then the statement of information forms to submit as per the link in this reply.
I hope that clarifies things.
If you provide all of the information it should only take a couple of hours to draft and then go through with you - so whatever the hourly rate is multiplied by 2.
2-3 months, depending on court time.
You apply for divorce, your spouse has to acknowledge service. This process can take around a fortnight.
The court will then issue directions.
If it is not contested, you then have to apply for decree nisi.
The pronouncement is usually a few weeks to a month after that.
No problem at all. Best wishes.
If agreed then once drafted it can be submitted to the court, and when the decree absolute is applied for the judge can ratify the order. Decree absolute is possible 43 days after decree nisi. So that's a rough timescale.
You can start the process of agreeing the consent order as soon as you like, and submit to the court following the pronouncement of the nisi, yes. In general, to avoid duplicating case loads, judges will not make the final order re finances until the case is ready for decree absolute to be pronounced though, as it cuts down on administrative time.
Yes we do telephone calls. The site offers them in the region of £40, I think.
There is usually a link in the thread to click on to request a call.
No problem - I can call you at 11.30 if that suits?
Good to speak to you. Kind regards.