Which court is dealing with my divorce?

[Pollysam]

Hi,

We are about to finalise the divorce however, my ex needs to fill in a notice of change form as her solicitor is no longer representing her. It asks for the name of court. We are not sure which court is dealing with it. Birmingham court issued the conditional order so am i right in thinking it will be Birmingham court that we need to put in this section?

Thanks in advance.

[Peter B]

Hi @Pollysam,

You're probably right - since the Birmingham court issued the conditional order, it's highly probable that the same court will handle the finalisation of the divorce as well.

The courts generally prefer to keep divorce cases within the same jurisdiction unless there's a compelling reason to move it elsewhere.  Also having the case handled by the Birmingham court avoids unnecessary transfers and streamlines the process.

You could call the Birmingham court directly and inquire about the case using the reference number from the conditional order. They can confirm if they're handling the finalization and provide any relevant details.

[Pollysam]

Thank you,

Another issue has arisen. My ex is not using her solicitor anymore but she also owes them a lot of money. Does her solicitor have to agree to the change of notice or could they object because of the outstanding money owed to them? Do we need to send her solicitor a copy of the change of notice form? Obviously we cannot finalise the divorce if her solicitor is still on the court portal. If this is the case, which form do i need so i as the respondent can finalise it. All the time scales have elapsed now.

Thanks in advance.

[Peter B]

4 hours ago, Pollysam said:

My ex is not using her solicitor anymore but she also owes them a lot of money. Does her solicitor have to agree to the change of notice or could they object because of the outstanding money owed to them?

In most cases a solicitor's agreement isn't required to remove them from the case. You can file a 'Change of Representation' form with the court, informing them your ex will act in person (known as "litigant in person") - you should send a copy of this to your ex. 

However, the outstanding debt might affect your ex's ability to receive communication from the court. It's advisable to check with the court if there's a specific procedure when a party owes their solicitor money.

The specific form depends on your situation

• Form D10 (Application for a Decree Nisi): This is used if you haven't received a response from your ex and all deadlines have passed.
• Form D84 (Notice of Application for a Decree Nisi): If there were previous applications or complexities, this form might be needed.

It's best to consult a solicitor specializing in family law. They can advise on the exact forms you need, considering the outstanding fees and specific circumstances of your case.