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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13406
Experience:  25 years experience of all aspects of family law
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Dear Clare. Thank you time. I need your help again. 1. I

Customer Question

Dear Clare. Thank you for your time. I need your help again. 1. I would like to postpone Decree Absolute to 14 December 2015 [my wife`s application for Decree Absolute will be heard on 26 October 2015 – the application attached] Could you, please, advise
me what I should say in the Court to achieve the Postponement of Decree Absolute. Brief explanation of the matter. 2. I started the divorce proceedings with my wife on 14 May 2014. Then we are separated. 3. Decree Nici was pronounced in February 2015. 4. Final
Hearing for Our financial remedies will be on 14 December 2015. I have been in relationship with my wife for 7 years. 5. Currently, I continue living in our Matrimonial Home. The flat are owned by my wife and her boyfriend [who was before my time]. After our
separation they reunited [my wife and boyfriend, co-owner of the flat in which I am living]. My wife and her boyfriend [Mr Lehmann] since 14 May 2014 are trying to evict me from the property. 6. Two Possession Application of Mr Lehmann were dismissed and refused
in October-November 2014 at Lambeth Court 7. The Claim for Possession of the Property of My Wife and Her boyfriend [Mr Lehmann] was refused in High Court and transferred to Central Family Court. 8. My Wife found an another way to evict me – she applied for
Decree Absolute. Once, Decree Absolute is pronounced my Matrimonial Home rights come to end and I cannot stay in the property. Her application for Decree Absolute will be heard in 26 October 2015. I would like Decree Absolute to be pronounced only on our Final
Financial Remedies Hearing – 14 December 2015. During my marriage, my family invested money to this property I hope to receive some money at our Final Hearing for Financial Remedies [14 December 2015]. I am broke now as I spent all my money for financial remedies
proceedings and have nowhere to go. Thank you very much, Dr Rafael S.
Submitted: 1 year ago.
Category: UK Family Law
Customer: replied 1 year ago.
I attached Wife`s Application for Decree Absolute
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.

Hi

Have you considered asking for an Order extending your matrimonial home rights past the Decree absolute

Customer: replied 1 year ago.
Good Evening Dear Clare,Thank you for your help again,My Matrimonial Home Rights are not registered because my wife is not a sole owner of the property [Also her boyfriend].
Therefore, I would like to postpone Decree Absolute.I have attached a Restriction from Land Registry.
Expert:  Clare replied 1 year ago.

So it is not a Matrimonial Homes rights Notice and will not end on Decree Absolute?

Customer: replied 1 year ago.
I consider, that once Decree Absolute is pronounced my right to stay at this house will be canceled. and I will have to move out of the flat?
Therefore, I am looking for reasons to postpone decree Absolute until the final hearing for financial remedies which will be on 14 December 2015.
Could you, please, advise me what I should tell Judge on 26 October2015 ` Hearing?
thank you<
Rafael
Expert:  Clare replied 1 year ago.

Why do you believe that?

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