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DianeB
Beginner August 2009

O/Tish Solicitors!!!- UPDATED........again!

DianeB, 15 April, 2009 at 23:52 Posted on Planning 0 13

Just found out H2B isn't legally divorced. The solicitor only arranged a financal divorce and custody agreement. It looks like a diecree absolute (sp?) takes four months go through the courts. I'm suppost to be getting married in August. Looks like we'll have to postpone.

I am so devastated. Phoned all the solicitors in the phone book, none are too keen to take it on as the divorce was completed in Scotland and we now live in England. The laws are different although I don't understand why.

Stupid lawyer!!!!!!!!!!

Sorry. No point to this, just a rant.

UPDATE

Well it's going to come through in time, just. The decree Nisi will be posted on the 25th June and we have to wait six weeks and one day untill we apply for decree absolute. So that is the week before our wedding. Talk about cutting it fine. Thanks for all your support a few weeks ago.

Feeling very motivated wedding wise. Off to browse the net for bouquets.

13 replies

Latest activity by irrelephant, 22 April, 2009 at 10:03
  • 3d jewellery
    3d jewellery ·
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    That is terrible surely someone will take it on 4 months is just about possible.

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  • bec84
    Beginner
    bec84 ·
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    Thats terrible....Sorry to hear that. Can you not try to do it back in Scotland? I don't know how these things work, butI hope you can sortit out! Xx

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  • Kerryblu
    Kerryblu ·
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    Hi there

    I don't know anything at all about Scottish law but in my other job I am a legal secretary to a partner who does matrimonial. In this country when we deal with divorces that have finances to arrange the finances tend to get wrapped up either before or at the same time as the decree absolute is pronounced by way of whats called a consent order. The reason for this is that if you were to obtain finality by way of a decree absolute before the finances were wrapped up and your spouse say died or won the lottery then you wouldn't be entitled to a share of their lottery win or whatever, so in effect you are better off as their widow than as their ex-wife IYSWIM. However, you can't obtain a consent order from the court without issuing divorce proceedings here so I am wondering if divorce proceedings were started and progressed maybe up to decree nisi level but the decree absolute not applied for until the finances were sorted? If that is the case it will only be a case of the petitioner signing a form and submitting it to court to obtain decree absolute.

    If this hasn't happened and it's different in Scotland then the process from petition to decree absolute can take about three or four months - but that is only you have a cooperative ex! It can take much much longer hence the reason maybe some lawyers are reluctant to take your case on if you have a wedding booked.

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  • DianeB
    Beginner August 2009
    DianeB ·
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    Thanks for the info. It's not good news as I'm suppost to be getting married in August which is four months away and we have to apply for the marriage licence in three months. It looks like I may have to postpone.☹️

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  • milna
    Beginner May 2009
    milna ·
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    Did your H2B just forget to mention that he is still married? Or did he not realise? ?

    What a PITA - but better to have found out now than even later on! Though I guess it would have transpired when you went to register, as he would have been asked to prodice his decree absolute.

    Can he get in touch with the solicitor who did the initial work and get them back on the case? Good luck!

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  • ooh la la
    Beginner August 2013
    ooh la la ·
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    Gawd, that's awful. Did he not realise then? I'm so sorry and hope you get something sorted. x

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  • debs1701
    Beginner
    debs1701 ·
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    My h2b isn't divorced either although we have 16 months to go before we get married.

    How long has your h2b been separated? mine has been separated for 13/14 yrs so if he went through the court only (not a solicitor) it would be through in 6 weeks and 1 day (as long as there are no complications, which I shouldn't think there would be after this length of time), before postponing your wedding why not look into the timescale.

    HTH

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  • Ms Nic
    Beginner May 2010
    Ms Nic ·
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    Sorry I have no words of wisdom... but ouch! Smiley sad

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  • DianeB
    Beginner August 2009
    DianeB ·
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    Well Mum wants me to carry on planning the wedding and if the paprework doesn't come through in time we can ask the minister for a blessing. Does this seem a bit fake to you? I'm a bit confused now.

    H2B is not as upset about it as me and it's annoying me. Am I overreacting? This is the first time I've actually thought twice about marrying him.☹️

    So he's off to the solicitor on Monday and hopefully the paper work will come through in time. Not much else I can do.[:'(]

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  • teeheeyoucrazyguys!
    teeheeyoucrazyguys! ·
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    Oh god, nightmare! but what would the minister be blessing exactly? Your partnership?? I certainly would do your best to get as much sorted as you can as postponing would result in a large loss of pennies and deposit.....no point spending it all on a blessing (if the minister agreed) and have to then have a smaller quieter event when the marriage could go ahead.

    fight your case, get a good solicitor and goodluck!!

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  • Bridget Gump
    Bridget Gump ·
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    Oh no. Don't really know what to suggest. Try not to blame your OH, I'm sure he realises the significance of this.

    Hopefully the solictors can at least give you a definitive answer on whether it's possible to get it through in time.

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  • DianeB
    Beginner August 2009
    DianeB ·
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    Sorry to bounce this but I just wanted to let everyone that gave their advice and support know what has happened so far. Solicitor says it will be quicker without a solicitor. Just apply to the court for a divorce fill out the paperwork and write a letter stating the circumstances and the court might make it a priority. It shouldn't take too long as the financial and childrens custody is already agreed legally.

    So fingers crossed. Thank you all ?. It's good to be able to talk on this site as this isn't something I want to all friends and family to know about.

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  • ooh la la
    Beginner August 2013
    ooh la la ·
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    Ahh, so fingers crossed it will all go to plan.

    Good luck! x

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  • I
    Beginner January 1999
    irrelephant ·
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    That sounds like positive news. Fingers crossed it all gets sorted!

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