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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33946
Experience:  25 years experience of all aspects of family law
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My house is in the sole name of my wife but I am the

Customer Question

My house is in the sole name of my wife but I am the Guarantor. I also have a Marital Rights Order in place. Would she be allowed by the court to obtain Decree Absolute before the financial settlement is finalised? If so, this would mean that I would be out on the streets without any money...
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Is there something you wanted to know about this specifically?

Customer: replied 1 year ago.
Would she be allowed by the court to obtain Decree Absolute before the financial settlement is finalised? If so, this would mean that I would be out on the streets without any money because presumably the Marital Rights Order would then be ineffective...
Customer: replied 1 year ago.
To provide more information...We have a main marital home, a flat in Newport for my sons at university and a house in Florida. All 3 properties are in her name but on the main one in Ditchling, I am the Guarantor of the mortgage. I also have a Marital Rights Order on the deeds which means that while I am still married to her, I have a right to live there. That effectively means that she can’t sell it while we are married.If my understanding is correct, Decree Nisi happens first and the Decree Absolute is after that by a minimum of 6 weeks and 1 day. I know it is possible (although unusual) for Decree Absolute to be obtained before the financial settlement is reached but would the court allow this if they know that I could be out on the streets with no money if it happened with us? After Decree Absolute, would I still have a right to live there? – we would no longer be married so presumably not.
Customer: replied 1 year ago.
My house is in the sole name of my wife but I am the Guarantor. I also have a Marital Rights Order in place. Would she be allowed by the court to obtain Decree Absolute before the financial settlement is finalised? If so, this would mean that I would be out on the streets without any money.We have a main marital home, a flat in Newport, South Wales for my sons at university and a house in Florida. All 3 properties are in her name but on the main one, I am the Guarantor of the mortgage. I also have a Marital Rights Order on the deeds which means that while I am still married to her, I have a right to live there. That effectively means that she can’t sell it while we are married.If my understanding is correct, Decree Nisi happens first and the Decree Absolute is after that by a minimum of 6 weeks and 1 day. I know it is possible (although unusual) for Decree Absolute to be obtained before the financial settlement is reached but would the court allow this if they know that I could be out on the streets with no money if it happened with us? After Decree Absolute, would I still have a right to live there? – we would no longer be married so presumably not.
Expert:  Clare replied 1 year ago.
HI
Thank you.
Have divorce proceedings been issued and if so by whom?
How far have the financial negotiations reached
Clare
Customer: replied 1 year ago.
My wife has filed a petition but I haven't seen it yet because it was very recent and I am abroad in any case. All I know is that it is on the basis of unreasonable behavior which, incidentally, was totally fabricated becasue she knows its the easiest way to a divorce and from what I undestand uncontestable in reality. However, my question relates to what happens much further along the way. Absolutely nothing has been done about the financial settlement yet.
Expert:  Clare replied 1 year ago.

Hi

How long will you be abroad?

Clare

Customer: replied 1 year ago.
Until next weekend - why?
Expert:  Clare replied 1 year ago.

I was just checking the risk factors!

Once the divorce is underway then it is up to you to take the appropriate action to ensure that the Decree absolute is not made before either the financial issues are resolved - OR you obtain an Order form the court extending your Matrimonial Home Rights.

This means that once the Decree Nisi has been granted then you will need to issue the Financial application unless you have already agreed the terms of settlement

I hope that this is of assistance - please ask if you need further details

Clare

Customer: replied 1 year ago.
What actually is "...appropriate action to ensure that the Decree absolute is not made before either the financial issues are resolved"? What I am trying to get to the bottom of is once the "appropriate action" has been taken, would any court allow the decree absolute to take place knowing that I can't release any money and that I won't have anywhere to live?
Expert:  Clare replied 1 year ago.

Hi

Once the date for the Decree Nisi is set then you can apply for the Financial issues to be dealt with and make an urgent application for an Order extending the Matrimonial Home Rights

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