Applying for the Decree Absolute and what comes next
I receive a massive number of comments on this blog concerning the decree absolute. It seems to be the one stage of the divorce process that causes most confusion, and so I thought it might time to look at it in a little more detail and consider the important steps to take once it has been granted. Just this weekend a further example of the 163 queries I’ve so far received was submitted:
I have been going through a divorce in the last two years and now seem to be at a dead end. I was at the last stages in October last year to receive the decree absolute but had to disclose financial matters before the divorce was ended. I have waited and waited and never get a reply from my wife’s solicitor.
My question is can I get divorced now without sorting out the financial matters and if so how? The second question is can I force the divorce to go ahead?
Regards,
Steve.
So let’s begin with the basics. The divorce process in England is conducted in three stages:
1. The issue of a divorce petition.
2. The grant of a divorce decree nisi by the court.
3. Obtaining a certificate of decree absolute from the court office.
The Petitioner, who has initiated the process, files the marriage certificate on issue of the divorce petition. It remains lodged with the court and in return, on decree absolute, the certificate bearing the court seal is the effective “swap.” The parties are legally divorced only when there has been a grant of decree absolute. When a divorced person wishes to remarry, a sealed copy of the decree absolute must be produced as evidence the party is legally free to do so. It is possible to be fully divorced without a financial settlement being resolved.
At decree nisi stage the parties are almost, but not quite, divorced. The parties are still able to change their minds about getting divorced. That is why it is called nisi: the Latin term for “unless.” There is a six week and one day minimum mandatory period between grant of decree nisi and decree absolute, so that if the couple do want to change their minds, they will remain married. It happens rarely – but it does happen. I have one client who has twice obtained decree nisi from her husband, only to backtrack from the point at which the divorce was to be finalised. So it is a worthwhile part of the procedure and serves its purpose.
Applying for the decree absolute and what to consider
It is a straightforward process to obtain a decree absolute. A single sheet application in a standard form is signed and handed in to the court office, together with a fee of £45. The court office seals and issues a certificate of decree absolute. Sometimes, however, the Petitioner refuses to apply. Perhaps emotionally, it seems a step too far, too soon – and the Petitioner, despite having initiated the process, cannot bring himself or herself to take the final step. So the Respondent may also apply, three months after the earliest date that the Petitioner could have done so.
A Respondent to the divorce is not treated the same as the Petitioner. A Respondent, such as Steve, may make an application for the decree absolute if the Petitioner fails or refuses to do so, but only after a further three months has elapsed from the earliest date the Petitioner could have applied. Steve can do this by issuing an application to the court, which will hear the application and make the decision. It is not automatically granted by simply lodging a straightforward notice to the court, as it would be if the Petitioner is applying.
A Respondent should also note that if remarriage occurs without having issued a financial application in the divorce proceedings, his or her entitlement to a financial settlement may have gone. So don’t remarry without having checked your legal position.
Sometimes more than a year has passed since the decree nisi. In that case, the process is slightly different and it is necessary to explain to the court why such a length of time has elapsed and in particular whether the parties have resumed cohabitation or there has been a child born. It is rare for the court to require a hearing but when circumstances are unusual it may. Further practical advice on all these matters is available at the DirectGov website.
In most cases too much water has passed under the bridge and the obtaining of decree absolute is public recognition that the parties, who are already divorced in body and mind, are now legally divorced. For most, it is the final orderly step to the beginning of a new life and new, guilt-free relationships.
In some cases there is, in fact, a rush to decree absolute. For example, if there is a potential bankruptcy on the horizon and a financial settlement needs to be implemented. Or if there is a new baby on the way, and an urgent need to remarry. I have been involved in one case in which –exceptionally – the mandatory period was shortened.
Conversely, where perhaps a religious divorce is required, or more commonly a financial settlement is still being negotiated, there may be good reason to delay the granting of a decree absolute. And it is this concern, whether or not to proceed to decree absolute when financial elements have yet to be agreed, that has occasioned the majority of the requests for advice to my blog.
Sometimes the parties agree at the outset that neither of them will apply for decree absolute until all the issues between them are resolved. Some parties don’t or won’t, and so an application to delay the decree absolute may be required.
If for example a religious divorce is still required, the decree absolute can be postponed indefinitely by the court so that the parties are not simultaneously married in one sense and divorced in the other.
As regards finances, in most instances having a decree absolute does not affect a financial settlement, so it should not delay the divorce. One is not usually interdependent on the other. In fact, a financial settlement once ordered cannot legally be implemented without a decree absolute. So for most of my correspondents there is no reason at all to wait for financial proceedings to conclude before applying for decree absolute.
However, I would suggest it is always wise to check first with a lawyer before taking that final step.
For example it may be inadvisable in some cases to proceed to decree absolute if a financial settlement has not yet been obtained, since if one of the parties dies before a financial order has been made the surviving spouse will lose out on any automatic spousal benefits that would have been paid. Thus, if the couple are still married and one dies, the survivor is still a widow/widower and therefore entitled to spousal benefits regardless of whether they were happily married. The chances of this happening are unlikely, in fact I can recall only three deaths prior to decree absolute in my entire career. But when it happened, I breathed a huge sigh of relief because the client was still entitled to those spousal pension benefits. In one such case, my client had been separated from her husband, and obtained her decree nisi of divorce. Her husband had been violent to her and had been ordered by the court to move out of the family home. When he died in a road accident prior to decree absolute it was she as his spouse who received his substantial death benefits. However, some people may take the view that this is so unlikely, or the amount that might be payable so small, that it shouldn’t hold up decree absolute.
In more complicated cases however, e.g. involving onshore or offshore trusts or company assets, proceeding to the decree absolute before the financial order is made may seriously affect the outcome, as assets may no longer be available for transfer to a divorced spouse. (See the recent case of E-v-E (2012) CA. In this case the wife was appealing a financial order and her legal team in America had written to say that if she first had decree absolute her position would be prejudiced. Accordingly she obtained a stay of her decree absolute)
Yet even if there may be a potential loss, if there are sufficient assets to make up for that potential loss, or the nominee of the pension can still be the ex-spouse before a financial order is in place, then there may still be no reason to hold up the decree absolute. The leading case in this area is one in which my firm represented the husband successfully.
Again, because this is a potential minefield it is wise to take legal advice before applying for a decree absolute. Don’t guess or assume. Similarly, don’t assume you can’t apply for decree absolute either, whether Petitioner or Respondent, as a financial settlement does not have to be in place before decree absolute.
Whenever you finally receive your final decree, do remember to keep a note of your court number and the certificate of decree absolute in a safe place – if you remarry, you will need to produce the original copy. If you lose it, you can obtain a further copy from the court where the divorce took place by quoting the court number or from. If you don’t remember the court, the Principal Registry of the Family Division can undertake the same exercise.
And there still remain a number of practical and emotional matters for you to consider. They are as follows:
A checklist once it is granted
1. Have you informed your children’s schools that the divorce has been finalised? Schools should be kept up-to-date so that they can monitor your children and give them extra care and support, if necessary.
2. Have you changed your will? Your old will should be changed if it makes reference to a former spouse, although any bequest to a former spouse will now automatically fail unless the will makes it clear the provision is to last post decree absolute. Please also remember that if you remarry, any will made before remarriage will be invalid.
3. Have you applied for a new passport, bearing your new details? Visit www.ips.gov.uk for further information.
4. Have you informed your mortgage lender of any changed details or relevant developments?
5. Have you closed any joint bank accounts, as per the court order?
6. Have you changed the personal contact details on any remaining bank accounts and credit cards? Some banks will allow you to do this over the telephone; others will insist on a face-to-face meeting and supporting documentation such as your decree absolute and utilities bills.
7. Have you applied for a new driver’s licence, bearing your new details? Visit www.dvla.gov.uk for further information. Failure to do this could result in a fine.
8. Have you updated the details on any relevant insurance policies?
9. Have you notified Her Majesty’s Revenue & Customs of your new situation and contact details? Visit www.hmrc.gov.uk for further information.
10. Have you updated the relevant details on telephone and utilities bills? These could range from changed correspondence details to new friends and family numbers.
11. Where applicable: have you visited your local benefits office, to discover what you may now be entitled to claim? Visit www.dwp.gov.uk/localoffice for further information.
12. Have you signed the necessary forms to resign from any business assets in which you previously had an interest?
Above all, take things day by day, step by step. Now it is time for you to rebuild your life…
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85 Comments
David Harvey on October 5, 2012 at 6:33 pm
I have today recieved my decree absolute. Why is there to be a decree absolute hearing in two weeks time? DFH
Marilyn Stowe on October 5, 2012 at 6:45 pm
Er…..was somebody delaying? Did the respondent apply for a hearing to obtain decree absolute which has now become unnecessary because the petitioner has in the meantime applied and obtained decree absolute?
I would suggest you contact your solicitor/her solicitor or the court to check and ask the court to vacate the hearing. There may still be a costs issue.
Marilyn
Nick Allen on October 15, 2012 at 6:25 pm
Hi
Please help with some of your wonderful advice – very impressed with the info here.
I have been living apart from my ex wife (soon to be) for 15 years this December. I met my new partner 12 years ago and live with her in N.Wales. I got a legal separation in July (Consent Order) and all our financials have been resolved.
My partner is a very spiritual person and a lot of that has rubbed off on me, so much so that we wish to marry on 12-12-12 at 12.12pm
I set the ball rolling on 24/9/12 and tonight go and collect the Acknowledgement of Service papers and will deliver that to Wrexham Law Courts in the morning (Tue 16th Oct)
The Church is booked (yes I know I’m crazy) and the bands must be read Sun 18th, Sun 25th Nov and Sun 2nd Dec – so I need the Decree Absolute by Fri 16th Nov (4 weeks from tomorrow approx)
Now I know that in extreme circumstances I may be able to apply to ‘abridge time’ pointing out that
* I have lived apart from my wife for 15 years
* We have a Consent Order in place covering our financials
* My ex spouse has been very helpful in matters concerned
What would you recommend I do to try win the judge over so that our wish to get married on 12-12-12 actually materialises
Your help is most appreciated
Best regards
Nick Allen
Kayleen on October 25, 2012 at 8:42 pm
Hi Marilyn, Please help me. I am at the stage now where I can apply for Decree Absolute. However financial order is not yet done, and my solicitor seem not sure what to do. I’ve been to CAB and they can’t help me. I’m just told I’m in a very complicated situation. I’ve been to mediation and done a fully and frank disclosure with my ex. We have 2 properties between us. He has debts attached to one of the property. Long story short, there is really no asset to share. There is a debt in excess of £60k. Of this amount joint debt is £32000. Of the joint debts £30000 is secured (a second mortgage) against the matrimonial home but there is not enough equity in the property to clear it. When the house is sold it will just about clear the main mortgage. I do not have savings he made sure of that. Also I’m hoping I can move to other property with my child who is under 16yrs. What can I do to sort this all out as at the moment he is living with no care in the world not much support with the mortgage. Threatening bankruptcy. My problem is, bankruptcy is not an option as I work in finance/have a career in finance. Even if both properties are sold there’ll still be debt. Help me please. Thanks in advance for your help
Marilyn Stowe on October 26, 2012 at 12:51 am
Kayleen
I don’t know if this helps but have a look at this link:-
https://www.gov.uk/mortgage-rescue-scheme/what-youll-get
Best wishes
Marilyn
Kayleen on October 26, 2012 at 11:29 am
Thanks Marilyn for responding. I’ve checked out the mortgage rescue scheme but was told at meeting that I’m not eligible as There is a second property (which is in dispute) also no equity in property.
Joy Down on November 13, 2012 at 3:44 pm
I have applied for my decree absolute and have been told by the courts that I have to file a statement saying that my ex and I havent lived together since 2008 and that I havent had a child. Also I have to serve papers on him, what do I do and how do I serve papers on him, also what must I say in them.
Yours faithfully,
Joy
david thain on January 3, 2013 at 11:15 pm
Hi I have been informed my absolute is through (before settlement financially) my wife who petioned the divorce still comes and goes to the matrimonial home,leaving the children in my care,we never know when she will turn up again and the children are starting to be affected by the lack of stability. I have put forward my proposals to my solicitor where I have asked I remain in the home with the children (i work and pay mortgage bills etc) she earns nothing and is with the new boyfriend most of the time,she is meant to put forward her proposals and HAS NOT BOTHERED so far and I am told there is no time limit…what can I do about removing her from home,when she returns she brings the boyfriend whom the children cannot stand and despite solicitor letters etc advising her of this she continues to say “still my house,do what I want”..
Marilyn Stowe on January 6, 2013 at 7:37 pm
Hi David
You can obtain an occupation order if this can’t be resolved sensibly. There is a difference between having a financial interest in a property and it being a home. Also have you issued a financial application to the court for a Transfer of Property Order?
Regards
Marilyn
Lisa Hyde on January 8, 2013 at 11:08 am
Hi, the pronoucement of my decree nisi is fixed for the 14th January, does that mean I can apply for the absolute on 26th Feb? When I apply for the absolute on that day (I’m going to take the paper and fee down to court in person) How long will I have to wait to recieve the certificate?
Marilyn Stowe on January 11, 2013 at 10:48 am
Hi Lisa
Six weeks and a day after DN you can fill in the form and pay a £45 fee. The court will issue a certificate of Decree Absolute either whilst you wait or by post. Keep it safe, if you wish to remarry you will need to produce the sealed original (the one with the court stamp on it)
Best wishes
Marilyn
Jonathan on January 8, 2013 at 4:49 pm
hello Marilyn, I have a boyfriend which he recieve his absolute of nisi last october2010 and he is the respodent. Her wife said that she will apply the abolute of decree when the property will be sold. They sold the property last September 2012. They split the money. My boyfriend is waiting for his absolute of decree to come out but then we just checked to the registry that never been processed at all, so my boyfriend apply for theabsolute of decree december 2012 and the court said they will be an hearing this coming January 9 2013. the financial problem was been resolved since the house was sold. They both agree to attend the court. My question is how long will it take to get my boyfriend absolute of decree? Thank you so much
Marilyn Stowe on January 11, 2013 at 10:46 am
Hi the court will make the order immediately. If you are the Respondent and want to apply for Decree Absolute there must be a short hearing in the Judge’s chambers not open court. He will be sitting at the head of the table. There is nothing to be worried about, he will take control.
Best wishes
Marilyn
Becky on January 9, 2013 at 7:31 am
Hi, my husband as taken me to the court for a divorce and he has just been granted decree Nissi recently, we have been in a regular telephone conversation since the last festive period. He has been given 6 weeks and 1 day to apply for Decree absolute but he told me that he will not go for the absolute…. We have also been passed to a mediator to help reach an agreement on the arrangement of children as we have 2 kids, in oUr recent conversation we both think seperation will be best for now, I am so confused I don’t know the legal implication of this and also what does it means if he doesn’t go for the decree absolute. Thanks
Marilyn Stowe on January 11, 2013 at 10:43 am
Hi Becky
No need for confusion! a divorce will end your marriage and if he won’t apply then three months after the six week one day period you can apply and your marriage will be ended.
Finances and child issues are completely separate.
Have you got your finances sorted out?
Mediation may help sort out child issues if not there’s the court.
Consider making a will too.
Best wishes
Marilyn
Nancy Mafico on January 25, 2013 at 4:31 pm
Can the respondent in a divorce matter delay proceedings after papers have been served on him by stating that he wants to be known by only one of his given names in the divorce papers? The petition has his full given names as they appear on his birth certificate and the marriage certificate. I have been advised by my solicitor that the court has directed that I have to sign a new set of papers reflecting only the one name he has selected otherwise the matter can’t proceed.
s on January 29, 2013 at 10:11 am
Hi Marylin
My parents have a decree absolute that stated how to split the finances. My dad is reluctant to sign over what is owed to him and my mum really wants to be able to move on in her current relationship. She is frustrated that she still receives all the paperwork, he has not contacted them to change address details, he does not arrange collection of the paperwork, and after 12 years he has not bothered to sort it out. Is there a time limit to carry out the agreed terms? is there anything else she can do?
Marilyn Stowe on January 29, 2013 at 10:51 am
I dont know what was agreed in the financial order. The Decree Absolute is a certificate that ends the marriage.
All I can suggest is that if your mum is having trouble, she returns to court and asks the court for directions as to implementation of the order.
This is general advice, for more specific advice about her situation, she needs to take the order to a solicitor.
Regards
Marilyn
Francesca Gizzi on February 5, 2013 at 11:10 am
Hi Marilyn, congratulations for this blog and the info, it’s great – I’ve just found it out and I am reading all the posts!! I’d be grateful if you could give me your advice on the following:
Decree Nisi obtained in June 2012, ex wife (petitioner) doesn’t solicit a decree absolute, because she wants to solve finances first (i.e. she wants spousal maintainance in addition to child maintatinance which respondent already gives her) she has been told the ancillary relief can be dealt in parallel and separately but she’s too ignorant. 1) Can the Respondent apply for a Decree absolute and what are the risks if any? 2) Also, he has just left his job to move to France, where he is self employed as a personal trainer (no stable income as dipendent on clients he gets). No capital and no assets so he wants to make clear to ex that he won’t be able to pay her anything. Can he also apply to Court for a financial consent order to establish that? 3) Can Court award her any money in the situation he hasn’t got any? MANY THANKS FOR YOUR ATTENTION, I’D BE GRATEFUL FOR ANY ADVICE!
Marilyn Stowe on February 15, 2013 at 11:59 am
Dear Francesca
1. Yes -he can apply to the court for DA 3months after the 6 week waiting period for her to apply has expired. The Judge at the hearing will consider the position and either make the DA or not. He could order either party to pay the costs of the application or make no order for costs.
2.He could apply to have all financial claims against him dismissed but the court isnt bound to make that order especially if there are children. He needs specific advice.
3. In theory no. However if the court is satisfied he has assets and can pay even if he protests he cant, the court could still make an order.
Marilyn
Lee Clews on February 18, 2013 at 2:02 pm
Hi Marilyn
I have received my consent order from my soon to be ex wife’s solicitor. We both agree to a financial break (She would as she has my savings!!) are there any specifics I need to be checking in the order before I sign and send back? Finances at the moment are extremely difficult, as I mentioned before she is not willing to give me my savings which are in her account so I can proceed with the divorce.
Marilyn Stowe on February 18, 2013 at 3:07 pm
Hi Lee
I suggest you take it to a solicitor for some detailed, personal advice. Its a very important document and you never know:- you might think its a clean break agreement but the document just might say something else. I appreciate you want to save money but not for this.
Regards
Marilyn
kabir on February 19, 2013 at 6:41 pm
hi, i have a friend whose ex husband did not acknowledge her divorce papers and then she filled d13b with proof that her ex has received the papers and the court has granted her to procceed with the next stage that is discree nisi..now that she has made an application of discree nisi what will happen and how long she has to wait to get response from the court..
Marilyn Stowe on March 1, 2013 at 1:16 pm
Dear Kabir
Your friend is still married. He is not an “ex” husband yet. It depends on how quickly the courts deal with requests for divorce. Some do it quickly, some take several weeks. Your friend should check direct with the court.
Regards
Marilyn
Jane on February 24, 2013 at 3:38 pm
Hi Marilyn, I was late applying for my Divorce Absolute, so I attached some reasons for the delay. My ‘husband’ and I still reside at the same address purely for financial reasons, which I declared. I did not expand on this but we have a fixed rate mortgage which doesn’t end till January 2014 and he and I can’t afford to sell up till then. He lives his life like a single guy. We are like two ships that pass in the night, the arrangements are not perfect but for the time being it’s just making the best of a bad situation.
I have now received a letter from the court telling me my application was referred to the District Judge who has refused it because “The Parties still reside under the same roof”. I am deeply upset by this, I can’t afford to go through the divorce process again. Can I contest this reason, as I’ve read stories on the Internet of people divorcing and still living together due to finances. Would it help if I got my ex to put something in writing to support the divorce. I would really appreciate some advice. Thank you.
Marilyn Stowe on March 1, 2013 at 1:14 pm
Dear Jane
I think you should apply for a hearing before the District Judge to give more information in relation to the request for Decree Absolute. I think your husband should also attend to confirm the position.
Regards
Marilyn
sharon mair on February 24, 2013 at 10:29 pm
Hi wonder if u can help me ,i have been seperated from my husband for nearly 5 years we have 2 children under 16 and live in scotland ,all our financial side has been sorted out as well as visitation rights for the children , i have a new partner and we are talking about marriage and i would like to know what the next step is to getting a
divorce the only reason i havent done this already is financial can u point me in the right direction thanx so much .
susan on February 24, 2013 at 11:27 pm
hi, my husband applied for a decree nissi may 2011. He has been stalling on the finances and not paying me child maintenance and i want to get the finances sorted out and move on with my life. I would like to know, can i apply for a decree absolute while we are still sorting out the finances or is it better to do finances first then apply for a decree absolute. I dont know whats the best move to do next as i am not getting anywhere on the financial side with him. Thanks
Marilyn Stowe on March 1, 2013 at 1:12 pm
Dear Susan
You really need to get on with things! You should apply to the court for a financial settlement straight away. You could download my book to see what happens and what to think about in terms of what you and the children need by way of a financial settlement. Its 99p and all proceeds go to charity. Contact Child Maintenance Options to see what you should be doing in terms of sorting out child support. Its a free telephone or online webchat service.
Then you can decide if you should get a Decree Absolute – read my post about Decree Absolute to decide.
Most of all however, I suggest you take legal advice from a solicitor of your own, and remember Legal Aid will stop in April 2013 so theres no time to waste if you think you qualify. Theres an online checker for Legal Aid-(google it) but your solicitor will tell you too.
Regards
Marilyn
Bill Mckechnie on March 1, 2013 at 11:53 am
I attended court for financial hearing. I handed a file containing evidence my ex deliberately overspent on credit card to lessen the equity. The file was given 5 days prior to the hearing but the Judge refused to read it. I asked for pension share but was told I have no legal right as we are now absolute. I complained about file not been read.
We were asked to wait outside, when we returned he apologised but the recorder was not working he highlighted everything again but missed off the file and the pension.
£37,500 equity he said all that was available for me was £4.000. If he had read the file she spend on dating sites, TK max, holidays and car.
Do I have the right to complain?
Marilyn Stowe on March 1, 2013 at 12:41 pm
Dear Bill
You may have the right to appeal the judgement. Its impossible for me to say except I would urge you to take legal advice straight away. Dont delay.
Regards
Marilyn
leslie robinson on March 6, 2013 at 12:38 pm
I obtained decree absolute and completion of property transfer of equity to me a few weeks ago. Former spouse now claims to be unhappy with the way the property transfer was done and has requested £10,000. There is no consent/court order. What’s my level of exposure and what can I do to safeguard my assets. Would transferring the property to a 3rd party help? Many thanks.
Marilyn Stowe on March 12, 2013 at 5:55 pm
Dear Leslie
A transfer to someone else wouldnt help as it looks fishy and could be set aside. Your ex can still apply to the court but the procedure is long and potentially expensive. Take legal advice as to the basis on which the transfer took place. If you are advised to negotiate, then do so. But then make sure a consent order in the divorce is part of the agreement. If you are advised it will stand up, you can apply for a dismissal of all claims each of you have against the other. I have no idea about your finances, you need specialist advice.
Regards
Marilyn
Margaret on March 7, 2013 at 1:05 pm
Dear Marilyn
I am becoming increasingly concerned for a friend of mine who in his seventies who has lost twenty thousand pounds, all his savings and hasn’t managed to reach a financial settlement. Shortly after he moved out his wife claimed to have dementia and was deemed to be incapacitated. The grown up children took over their mothers Pof A and access to her bank and income. The official solicitor appointed a local solicitor to act for the wife/ respondent.
The family changed the locks very early on and have refused to cooperate with any settlement that involves selling the marital ten roomed property. Due to the refusal to cooperate both elderly parents have lost their savings, having failed to follow directions by the FDR judge. The Final Hearing due soon has now been postponed.
Has my friend any way of bringing this abuse of power by the children to an end.
Marilyn Stowe on March 12, 2013 at 5:50 pm
Dear Margaret
Clearly this is complicated and I assume your friend has a solicitor. The court does have power to order a sale and I suspect that is what will happen. If he isnt confident in his solicitor, he can change.
Regards
Marilyn
Molly on March 7, 2013 at 9:59 pm
Hi,
I’ve recieved a divorce petition from my husband stating 5 years seperation as the grounds for divorce. However, I only left the matrimonial home 4 years and 4 months ago. Should I send the papers back to the court stating this? Can the divorce still proceed? What would happen?
Marilyn Stowe on March 12, 2013 at 5:45 pm
Dear Molly
If you have not been seperated for five years then you must return the Acknowledgement of Service stating this.It will then be up to your ex to proceed to a hearing if he still wishes to proceed and contests what you say.
An amicable divorce can be obtained on the basis of two years separation and you both consent.
Regards
Marilyn
Peter on March 11, 2013 at 10:59 am
Dear Marilyn,
I got a decree absolute earlier this year and now I am trying to get a consent order/clean break. My ex is clearly delaying signing it although says that she will. In the meantime I want to know the level of risk / liklihood of her making a successful claim against my future earnings/assets/property. At the moment I have a salary and a few savings. There were no children or assets during the marriage and we separated finances immediately after separation. She earns significantly more than me.
Also if she won’t sign how can I get a court order to prevent her making any claims in the future?
Marilyn Stowe on March 12, 2013 at 5:22 pm
Peter
Without a court order closing off all claims of any nature whatsoever there is always a possibility of your ex making an application against you. I dont know exactly what you are trying to do but the conventional system is to issue an application to the court for a financial settlement and seek a dismissal of all claims.
Best wishes
Marilyn
Louise on March 11, 2013 at 12:53 pm
My Absolute can be applied for on this month. On the statement of information form I stated I have no intention to co-habit. This situation, due to various reasons, has now changed. My question is does this mean I will be in contempt of court? How long are you supposed to wait before moving on? The box I ticked at the time was my genuine circumstance but I am wondering if there is a cooling off period.
Marilyn Stowe on March 12, 2013 at 5:20 pm
Louise
The Statement of Information form I suspect relates to your financial settlement not your divorce. If a settlement was achieved on the basis that you were not intending to cohabit and then you do straight afterwards, it may be possible for your ex to do something about it so I suggest you have a word with your solicitor.
Regards
Marilyn
hazel stirk on March 12, 2013 at 4:06 pm
I thought i divorced my husbandon 3rd nov 1993 as i received a decree nisi, The pension office say that i am divorced. I am now panicking as i cannot remember if i applied for the decree absolute as i did the divorce myself. I have spoken to the court who say i can fill in a D440 to see if i have this decree absolute but they say i will have to pay£120 and then i may still find out i havent applied. I thought it would be easier to apply for the absolute but due to the time gap i have no idea how to go about this and cannot afford to see a solicitor . Can anyone give me advice
Marilyn Stowe on March 12, 2013 at 5:29 pm
Dear Hazel
Please open this link which should help you.
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d440-eng.pdf
Very best wishes
Marilyn
Courtney ROberts on March 12, 2013 at 6:57 pm
Hi Marilyn,
Please can I ask you for some advice? I obtained mu decree nisi on 15th January this year. I was under the impression that I have to wait until we have all our financial situation sorted out – what he wants from me, what I want from him, etc. Now I’m confused! We have not agreed on ANYTHING financial yet – can I apply for the absolute or not?
Also, I’m 99.9% certain that my soon-to-be-ex-huisband has purchased a new property, albeit with a mortgage – is this classed as an asset, due to us not being fully divorced yet?
Your help and advice would be greatly appreciated.
Thanks, Courtney
Marilyn Stowe on March 13, 2013 at 12:07 pm
Dear Courtney
Yes you can apply if you are satisfied you arent going to lose out on any automatic benefits before a financial settlement is in place. I dont know your circumstances so Id suggest checking with a solicitor first.
As for property, all property must be disclosed as at the hearing date of the application and will be taken into account by the Court, Any future assets/benefits /change of circumstances you are aware of at that time must also be disclosed.
Regards
Marilyn
Margie on March 13, 2013 at 2:27 pm
Hi Marilyn,
May I ask some advise from you ? I have my decree nisi on the 15th of November2012, but there is an order for a question of custody, ancillary relief and cost be adjourned to chambers. I have been through the adjourned hearing . since my child is turning 18 in few months more the the court declared that there’s no order for the custody. My question is how long do I need to wait for applying the decree absolute? I am confused please help me .
Thank you so much
Marilyn Stowe on March 13, 2013 at 6:20 pm
Dear Margie
As I have explained so many times on this blog you can apply for DA after 6weeks if you are the Petitioner and after three further months if the Respondent. What you have to decide is whether you might lose out financially if you do and are o longer a wife. So if he were to die before a financial settlement is in place would you lose a widows pension? So take legal advice on your own financial position and in particular in relation to any potential losses that could not be recouped out of the assets if you are no longer a wife/widow.
Regards
Marilyn
Chris on March 14, 2013 at 2:38 am
Hi Marilyn, let me first of all thank you for your public service. I love that you provide “open source” clarification of legal stuff. It might seem trivial to you, but to get answers to these question is daunting task for regular folks
. I would like to ask you. What are your thoughts on possibility of getting period between decree nisi and decree absolute shortened. Providing, both petitioner and respondent wish to do so.
Marilyn Stowe on March 14, 2013 at 7:35 am
Dear Chris
Thanks. I receive several queries each day as you may have noticed and I have answered them all so far but it’s growing!
Time can be abridged but you will both need the permission of the court and the reason really must be exceptional I think.
Regards
Marilyn
Carol on March 14, 2013 at 11:28 am
Hi Marilyn, my mum and dad have been separated for for five years and my mum has never received her decree absolute but my father has…….. Does this mean they’re legally divorced? If not how does my mother get her decree absolute?
Thank you
Marilyn Stowe on March 14, 2013 at 3:34 pm
Dear Carol
If your father has his certificate of Decree Absolute then there has been a divorce process and they are divorced. She should check with the court and get her copy.
However Im concerned you havent mentioned that there was an ongoing divorce. I think your mum needs to take legal advice.
Best wishes
Marilyn
Carol on March 14, 2013 at 6:00 pm
That’s what I meant by separated an ongoing divorce sorry!!
Linda on March 14, 2013 at 10:59 pm
My boyfriend has just recently gone through a divorce, (decree ab recieved yesterday) & the solicitor is now pushing to sort the financial side out. There is a 3 bed house involved which he was forced to move out of 2 & 1/2 yrs ago, she still lives there & dosent work, the mortgage is being paid by benefits & some by her, she is refusing to put the house up for sale & is in no position of buying his half out, she has not kept up with the payments & putting it into arrears & starting to blacklist his name. There is no children involved has the youngest is nearly 21 yrs old & lives there part-time. Can the courts force her to sell so he can have his share out of it & clear his name. He has always paid the mortgage & she never contributed towards it.
Marilyn Stowe on March 15, 2013 at 7:22 am
Dear Linda
Yes the court can make an order for sale of the house.
Best wishes
Marilyn
kabir on March 17, 2013 at 1:00 am
hi ,could you please advice me if a court has accepted d13b application and asked to proceed to next stage which is discree nisi can the discree nisi be refused at this stage.
Nancy on March 18, 2013 at 6:48 pm
Dear Marilyn,
Wonderful web site. Thank you.
I’m interested in someone that I heard was going through a divorce during the past year. I don’t want to ask him about it openly. Where can I go to find out if their divorce is final yet or on hold? I don’t mind if I have to pay a fee, I just want to know it’s final before approaching him in any way. I also want to know when it was finalized so that I can put an appropriate time period between the divorce and hopefully establishing a closer contact. Thanks again for any information. N
Nancy on March 18, 2013 at 6:49 pm
ps- this divorce is taking place in London, England.
Thanks again.
nelson on March 18, 2013 at 7:55 pm
My partner split from her husband june last year. Children’s situation is sorted as he is living with us.
He is very unreasonable person. Six weeks and one day will finish in two days. Last 4 days he’s been texting threats saying she owes him money. There was 3 cars and, all on her name. She gave him one as she was beaten by him and she had to leave without anything. Just clothes.
She had about 1500£ when she left and she paid £970 from this to cancel a debt they had with HM&revenue.
She is pregnant from me, and we already paid for the fee to apply for decree absolute. So the solicitor will do it this week hopefully.
Solicitor wrote to him to propose to sign thez clean break! He wrote back to the solicitor but only silly things and nothing about clean break. Solicitor said that he just argues about one of her cars which is parked off road and says the court needs to resolve what to do with it.
What basicaly can he do? He just want money but there was no money! About the car this is here’s and she wants to sell it as we paid everything regarding the divorce. He didn’t spend one penny!
Regards
Toni on March 21, 2013 at 1:36 pm
Hi Marilyn,
My boyfriend obtained his decree Nissi on Febriaury 19th and is planning on applying for the decree absolut on April 3rd (6 weeks and 1 day following). He has been seperated from his wife for 3 and a half years now and we have been together for 2 years. The divorce was acrimonious predominantly due to financial arguments – his wife did not wish to stay married (indeed she has a live in boyfriend) however she also does not wish to work and feels that she should be effectively paid a salary to stay at home and be mother to their 13yr old daughter. My boyfriend originally had a very well paid job to which she became accustomed however he started his own business 3 yrs ago and while paying himself a minimum wage it has yet to turn a profit. They have agreed via mediation on a financial settlement which includes his agreement to pay off her credit card bills and a generous child maintenance amount (50% of his current salary). They have 2 properties …. one of which is in her name with minimal equity which was the family home, it is agreed for her to keep this along with all furniture & contents. He has a property with negative equity and no contents which he has had since porior to the marriage which he is keeping as part of the settlement. As money is tight we are hoping that as soon as his divorce is through he will moive into my home and rent out his proprty in order to assist him in paying his obligations. However I am concerned that if if we become engaged (after the decree absolut is through) and move in together, his ex wife (as she will be) may attempt to make some claim over my own finances as his partner. As I do have significant equity in my home I am greatly concerned. Should we wait to move in together until after the financial settlement has been finalised in court or are my personal finances safe as they will no longer be legally married? Please advise/ Many thanks
Rosalind on March 23, 2013 at 10:04 pm
Dear Marilyn
My Husband and I were going through a divorce. Whilst we were sorting financed out we changed our minds about the divorce. My Husband wrnt to the Court to see what was happening and was told by a Court worker that he had to fill out a form and pay a sum to keep the divorce on the system which he did only to find out afterwards that withput realising ithe had actually signed for the divorce to go through which it did before we both realised what he had done. Is there anything we can do?
Dee on April 5, 2013 at 6:21 pm
Hi Marilyn, I have found some really useful information here thank you so much. My final FDR hearing is at the end of this month and I want to then apply for my decree Absolute however my soon to be ex still lives in the family home and although does not contribute to any bills or mortgage payments has refused to leave. How soon after getting the Absolute can i ask that he removes himself from the house, I am pushing to have it signed over to me as i am paying the mortgage and will also have to take over a large business debt of his that has been secured against the family home in order to stop it from being foreclosed by the bank. Can you help please?
Marilyn Stowe on April 7, 2013 at 2:33 pm
Dear Dee
Check that applying for the DA does not potentially adversely impact on you.
You can apply to remove him only when you both agree or the court orders him to leave. That usually means when there is an order in place dealing with the finances or if the court orders hm to leave due to his conduct.
You can just force him out of his home and you can ask his failure to contribute to be taken into account in the finances, although I don’t know what his response to that might be.
Regards
Marilyn
Laura on April 11, 2013 at 12:42 pm
Hi Marilyn,
I was wondering if you could help me? I have been going through the divorce process for nearly two years as my ex husband has been refusing to sign any forms. I finally managed to get the decree nisi through in November but although I have filled in all the paperwork needed for the decree absolut he’s refusing to do so. We have no property or children together and there is only a small amount of savings that will be split although this is diminishing every month more I have to pay the solicitors fees. Is there anyway I can do this without him as my solicitor doesn’t seem to be much help?
Thanks
Laura
Marilyn Stowe on April 11, 2013 at 4:26 pm
Dear Laura
If you petitioned for divorce you can apply for Decres Absolute without needing him to sign anything.
If he did, then you can apply to the court for DA by making an application on notice assuming three months have passed since the expiry of the original six week period after Decree Nisi.
Regards
Marilyn
Elizabeth on April 12, 2013 at 8:05 am
Dear Marilyn,
I married for the second time in 2010, a mere two and a half years later, I asked him to leave, due to unreasonable behaviour, primarily, emotional abuse. I bought a house 3 months after the wedding, in my name only, with my deposit only. My new husband had always lived in flat shares with friends up until this point (even for those months after the wedding, until I bought the house). He made no contribution to the mortgage, he gave me a monthly contribution to food and bills, in cash. We had no joint accounts, I didn’t know what he spent the rest of his money on. We had no children together. I have applied for divorce, have a decree nisi, but he has instructed a solicitor, and claims to have paid half the mortgage, and wants that money back. I made him a few offers, all rejected, I have had one introductory meeting with a mediation firm (solo), they want me to complete their own, slightly abridged version of a form E, and want to arrange a joint meeting. My questions are:
1. Do I attend a further meeting? I have no intention of offering money to him, and I fear seeing him again, as he will upset me, he is very manipulative.
2. Do I apply for the DA as soon as I am able, in a couple of weeks, even though there is no financial settlement?
Many thanks,
Elizabeth
Marilyn Stowe on April 12, 2013 at 4:54 pm
Dear Elizabeth
Like all my comments and opinions on this blog, they are intended as a guide only and you must not rely upon them. There could be something I dont know about which would change the entire picture. Thus I strongly advise you to take your own personal legal advice.
Subject thereto on the assumption that you had all the assets pre marriage and all he has done is paid for food for two years or so, neither of you have acquired any assets during this marriage, I would make it clear that he appears to have no prospect of success. You would argue he made the payments in lieu of rent and therefore is not entitled to anything. After a short childless marriage where there are no matrimonial assets to share, and both of you are moving on more or less as before the marriage, its difficult to see what he reasonably would expect to obtain from a court, and the cost of applying to the court would far outweigh what he is seeking. However, that also counts for you too and you want his agreement that all claims against you be dismissed. So if you do want to be pragmatic and avoid the cost of a full blown court hearing, you could always make a nuisance offer. If you dont or he rejects it and the case goes ahead you could argue he should pay your costs if he doesnt succeed, but that might be a phyrric victory.
As for DA it sounds sensible but I stress again, that I know nothing at all about your finances or his, I have no idea for example about the pension position and death benefits you may automatically lose so I cant specifically advise.
Check your own position with a solicitor.
Regards
Marilyn
angela on April 13, 2013 at 2:39 pm
I received a decree nisii over 2 years ago. Since then neither I nor my ex initiated the next stage for the decree Absolute. My ex had initiated the divorce. I just received a decree Absolute from the court with a reason ‘ Permission to apply out of time’. Can the court just grant a decree Absolute without any party initiating it? If my ex (i am not in contact with him) had initiated this stage then should I have received that communication from the court prior to the grant of decree Absolute? Many thanks
Marilyn Stowe on April 16, 2013 at 1:01 pm
Dear Angela
If your husband was the petitioner he may have filed a sworn statement along with the application for Decree to be made Absolute and the judge may have simply granted it.
Had you wanted to hold it up you could have made your application after Decree Nisi to the court and if you had good reason the court could have done something about it.
Regards
Marilyn
Carmen on May 3, 2013 at 11:48 am
Hi Marilyn:
It is great having someone to refer in certain moments!!!
My husband applied for divorce and i received a letter for Decree Nisi to be pronounced last October, since my husband left the country and lives in Italy, i was suggested to write a letter asking for Decree Absolute.
I was wonder if you can give me any idea on how to ask it or write one as I an the respondent .
Thank you
Carmen
Marilyn Stowe on May 10, 2013 at 4:59 pm
Dear Carmen
You can apply for Decree Absolute but you will need to make an application to the court. The Form is D11 and can be downloaded from Get a divorce Gov.uk
Regards
Marilyn
alexandra on May 3, 2013 at 12:18 pm
Dear Marilyn:
I am getting divorce, but started a new relationship five years ago, i have a child an a seven years old daughter from my husband, we used to live on my flat, (council accommodation), my new partner has a flat and asked us to move in with him last year, since, our relationship has broken and he asked me to moved out, now, i have no where to go, even if i want to apply for any accommodation it is not that easy, am i entitle to anything from him? or do i just have to take my daughter and leave him?
Regards;
Alexandra
Marilyn Stowe on May 10, 2013 at 4:56 pm
Dear Alexandra
Living with someone does not give you any legal protection/rights/obligations, if the relationship breaks down. He cant just throw you out however, he needs a court order to oblige you to leave and you need to apply to the local authority for rehousing you and your daughter.
Regards
Marilyn
King on May 3, 2013 at 4:59 pm
Hi Marilyn ,i got married in may 2008 and got divorce this my degree absolute just arrived today ,can i apply for indefinite leave to remain .will i be given right on my own because the marriage lated for four year ….do you think i qualify..please advice me
Marilyn Stowe on May 10, 2013 at 4:50 pm
Dear King
Im not an immigration lawyer. Sorry I cant help you.
Regards
Marilyn
Hilary on May 14, 2013 at 6:08 pm
Hi Marilyn,
My DA was granted in Sept ’06, have 2 children 17/16 and 16yr son lives with EH. No financial settlement agreed, I am the Respondent and would not sign as EH would not agree maintainance bk in 06′ at the time of divorce petition. I have a partner of 7 yrs now and EH remarried Jan ’13, while I was living out in France. I want to remarry this yr also, but do we still need to arrange a ‘clean break’ and can any claim be made by each other if we don’t agree and sign one asap or in the future? MY EH has stated he does not need a clean break, but is he correct, I don’t think he is, please could you confirm and I will proceed accordingly and thank you.
Marilyn Stowe on May 15, 2013 at 10:07 am
Dear Hilary
If you are seeking specific advice this is not the forum. I only give general advice and always advise readers to take their own which is personal to them.
Remarriage ends maintenance claims. It can also affect the ability to make a capital claim in any event.
Each case is fact dependent. There was a case last week you may have read in the press where the ex wife tried to bring a capital claim long after the marriage ended and after she had a relationship with another. It was described as exceptional and hopeless.
Regards
Marilyn
Natalia on May 20, 2013 at 7:33 pm
Hi Marilyn, I have a decree absolute and a financial settlement signed by my ex husband. However, now he is divorced, he has no intention to stick to the settlement and pay anything. Doesn’t spend time with his child either. What can I do? Thanks
Mairi mcneil on May 20, 2013 at 8:55 pm
Hi Marilyn, looking for some general advice, my partner married in the uk almost two years ago, him and his wife immediately had to put their relationship on hold as she had to fly back to her home country to look after a sick relative. It quickly became apparent that the relationship couldn’t be sustained and they are now looking to dissolve the marriage, can you advise if my partner has to file for divorce and then apply for a decree nisi? It seems that on the form for the decree nisi it asks for a reference number and we are unsure how this is obtained! Basically just need to know how to get the ball rolling.
Thank-you in advance for any advice you can offer.
HK on May 20, 2013 at 10:17 pm
Hi marilyn
I have gone through mediation and sorted out the financial side. I am just waiting for my ex to sign and give the consent order so i could also sign and send it to court. i could also apply for absolute, But at the same time my solicitor advised that i wait for the consent order to come from court, as it could affect my matrimonial rights. We decided i will not claim for his house if he gives my personal items and a lump sum. im just worried if i apply for absolute my ex will change his mind before i get the consent order from court. if he has signed the consent order and i send it to court could he still change his mind? But it has been 7 months now and i really want it to end. i have found someone and want to get married in august. But i really want the divorce to finish by july. At this rate i dont think it will finish by then. could you please give me some advice what i could do.
Tim on May 29, 2013 at 3:02 pm
Hi Marylin,
I have recieved a decree Nisi from the courts after sending a letter opposing the petitioner (Wife). She formed a relationship before our marriage and had an affair. I on the other hand was oblivious to this apart that her behaivour had changed and i just put it down to the wedding. We had been together for over 10 years . i found out about the petitioners affair after the marriage. we married end july 2010. I left the marital home on finding this information out and stayed with my mum. After a couple of months she wrote to me appologising and says she still loves me and to give us another chance for the kids sake. I returned only for a couple of months to only find that she was still texting her lover. I never went back again. After we split she continued her affair with her lover. I then met someone a year after all this trauma. My wife is stating adultery for the grounds of divorce. As i now live with another woman yet she is quite happily seeing her lover and stays over in my house. I am angry and sent a letter opposing the petitioner which they refused and stated if i wanted to oppose i had to do it in court 16th april 13 10am which i only recieved the letter the 16th april 11am. I miss lead the initial letter from the courts and thought it read that if opposing the petitioner you can not attend court (did not fully understand the letter and have little money to seek legal advice). I sent another one last week and states : If the respondent wishes to challenge the decree nisi order he should make a formal application at a hearing and on notice to the petitioner. If you wish to proceed please complete D11 with the required £90. A hearing date will be fixed which you must attend. Please note that the petitioner will be at liberty to apply for a decree absolute from 29th May 2013 (Letter recieved today 29th May 2103). If the decree absolute is applied for before your application is recieved your application and fee will be returned to you. I can not afford £90 yet my partner (co -respondent ) said she could use her credit card to pay it if needs be. I do not want to divorce the petitoner on the grounds that i commited adultery when i am not that kind of man to cheat. The petitoner is claiming other costs against the grounds of i commited adultery. The petitoner has legal aid. At first i could not get legal aid when i first applied for divorce the divorce papers never reach the court before i had to cancel as i could not afford to pay for the divorce thats when the petitioner seek legal advice and got her papers in before. The fundamental breakdown to our marriage was due to the petitoners own affair. She claimed that i never paid her enough attention as i worked long hours and nights so obviously she thought this was a good reason to have an affair for a relationship with someone at work while she was engaged to me. She didnt have the bottle to tell me what she did about her affair. This is why i am in this mess now. My finances have changed can i try and seek legal aid? I am on a debt management and if i was to pay for this divorce the cost will have to incurred through my debt management as i can not see how the costs of the divorce can be paid for other than this. Me and petitoner have been sperated for over 2years. I think this whole thing is a scam , unfair and unjust that even my partner is mentioned in the divrce as co responent even though i didnt meet her until after the petitioner was with her lover. The courts have given me very little time to challenge the petitioner when she can apply for decree absolute today . Please help any way you can, i be most appreciative of your advice .
ron on June 5, 2013 at 11:03 pm
My wife petitioned for divorce and decree nisi was received 8 months ago.
We have a house between us that I a have a agreed to 75/25 split in her favor. Since agreeing this it has been said our morgage company wont allow her to take over whole morgage as she has never worked.
Shes trying to talk me into staying on morgage.
She is due a baby by another man in 8 weeks.
I just want this marriage over .
What can I do?
Any advice appriciated.
Amelia on June 6, 2013 at 9:22 am
Hi Marilyn,
My partner split from his wife in 2007 and the request for the settlement was made. The money given although documented through his solicitor at the time, was given directly to her and the clean break order was not signed.
We are due to have a baby August and wanted to marry, or st the very least have the divorce finalised before our baby is born.
In feb 13 after much abuse his ex signed an application for a decree nisi.
Due to the time span, the court wanted to verify the petitioner was who she was and therefore sent out the application again to confirm her address, that the parties were still separated and there were no children of the marriage.
This was completed, signed and sent back by his ex in may 13.
The judge declined granting the decree nisi on the grounds the petition was over 6 yrs old.
His ex has since found out I am pregnant and is now refusing to complete any paperwork.
Can my partner serve her with petition papers and apply to the court for divorce himself?
Would really appreciate advice which is the quickest way to go around this as I have 11 weeks before the baby is due.
Marilyn Stowe on June 7, 2013 at 6:30 am
Dear Amelia
Your partner can apply to divorce his wife on the basis they have been separated for five years. He can apply for his clean break in those proceedings.
Best wishes
Marilyn
Dave on June 7, 2013 at 11:49 pm
Hello Marilyn
I guess like everyone else who reads your words I would like to thank you
I have a situation where my wife started the divorce and I duly recieved the nisa that was effetive back on 14th january 2013
In the meantime I agreed to attend Mediation with her where all our finances were discussed and a complete list was drawn up by the mediatior we have 2 family business and a house the house has an outstanding mortgage and there are 2 loans with a bank one on each company.
Oiur house is sold subject to contract and will be finalised in the next 2 to 3 weeks once sold the mortgage will be paid off and the bank will take payment for 2 loans the company took out (the bank has lean on the house for both loans )
I have been waiting for the absoulte to come through but nothing my son has informed me that my wife will not apply for the absolute because she has now decided that she now wants repayment for half of the loans that need repaying to the bank for the companies
It was all agreed that I would keep the companies and give my wife half the amount of all cmpany assets this was all fine but as I say now she now thinks she is entitled to all this plus half of the loan debt being paid back to the bank
Can I apply for the absoulte and will it affect the financial settlement by the way I have met someone else and want to re marry thanks for amy advice
Sirfraz on June 13, 2013 at 2:25 pm
Dear Marylin
I am trying to divorce my wife, without success, for almost a year now. I am at the stage where I am requesting for a court bailiff to hand deliver divorce petition to her work place. The first request being at my parents house, where she is residing and enrolled on the electoral roll. However, due to conflicting information, the bailiff could not deliver the petition.
Due to our culture / tradition, my parents don’t want me to divorce my wife and I have a partner and two young children so want to marry my partner, in order to do this, I would need to divorce my wife. Although, I was forced to marry in Pakistan, my parents managed to bring my spouse to the UK where she lives with my parents now and my alleged son (I say this because it took her three months after I left Pakistan to know that she is pregnant).
Anyway, issue lies with divorce. Now the bailiff will try and serve at her workplace – maybe before the summer holidays as she works in a school. I want to know what would be the next step if the bailiff cannot serve these papers to her as my mum works with my wife at the school and she is already trying to stop the process in any way possible. What is the difference in using a personal process server? Also would I be able to apply for dispense service or deemed service? Any advice would be much appreciated.
Kind Regards
Sirfraz