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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33283
Experience:  25 years experience of all aspects of family law
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My partners ex-wife is refusing to apply for the decree absolute

Customer Question

My partner's ex-wife is refusing to apply for the decree absolute "until she is ready." For the first 12 months after seperation, he was paying her over half his salary (after an informal agreement), which he has now stopped paying as she had made no intentions to put her life in order to support herself within that year. He has since moved in with myself and my 8 year old daughter.

He did not have legal representation at any point and I feel that because of this he may have being paying much more than he should have.

The decree nisi has been issued and he would like to apply for this to be made absolute, could anyone please tell me where we would stand on this and what the possible outcomes could be with regards XXXXX XXXXX financial side as we could not afford for her to be awarded over half his salary.
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Clare replied 5 years ago.
HI
She can certainly prevent the Decree Absolute being granted until she has had a chance to deal with the financial side of the divorce.
How much are the assets worth, how old are the children and how much does he earn?
Claire
Customer: replied 5 years ago.
There are no assests other than his salary. She remained in the rented accommodation following the separation and he moved back to his parents.

They had no children together and he doesnt earn massive amounts. He earns 31k a year while she doesnt earn at all and she claimed she was illegible for benefits. I can only assume that would be due to her being in recipt of nearly £1k per month fro him.

She did not say she had prevented the absolute from being granted she said her solicitor had prevented the application for a hearing to have the nisi made absolute.

If a financial order had been made, i cant see how the court would make his pay her £12k which he has done in reality.
Expert:  Clare replied 5 years ago.
Hi
Why has he been paying her anything?
How old are they both and why is she not eligible for benefits?
Claire
Customer: replied 5 years ago.
Hiya,
He was paying her because he felt he should and I think he felt a bit overpowered by her and her solicitor when he didnt have one. He did not have one because he could not afford one as, at that time, he was was giving her the money and paying off her debts.

They are both 40 now. I can only assume that she would not be eligable for benefits as she was in recipt of a lot more than any benefit award would be.
Expert:  Clare replied 5 years ago.
Hi
When was the Decree Nisi made?
Claire
Customer: replied 5 years ago.
I'm not sure of the exact date without fishing it out, it was over 12 months ago but not longer that 2.
Expert:  Clare replied 5 years ago.
Hi
His ex has had plenty of time to make an application for the finances to be dealt with.
Your partner should now apply for the Decree Nisi to be made Absolute himself.
The worst that can happen is that his ex will be given a further month to apply to have the financial issues dealt with - if she does not then at the second hearing the Absolute will be made.
Claire
Customer: replied 5 years ago.
how would he apply for the nisi to be made absolute?

I ask because there seems to be different forms, a D11 and some other form that i've never heard of.
Customer: replied 5 years ago.
Also, do you know what type of financial order would be most likely?
Expert:  Clare replied 5 years ago.
Hi
The form he needs is a D36 available here
http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/d36_e.pdf
But he will also need to file an affidavit setting out that he has not co habited with his ex since Decree Nisi and that there has been no baby born to her in that time.
He should also explain why there has been a delay in the application.
The most likely financial order would be a dismissal of all financial claims they have against each other
Claire
Customer: replied 5 years ago.
we recieved a letter from her solicitor demanding £250 per month or they are going to start proceedings including a claim to his pension.
Expert:  Clare replied 5 years ago.
HI
How much is his pension worth and how long has it been running?
Claire

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