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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33281
Experience:  25 years experience of all aspects of family law
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Decree absoloute

Customer Question

Hello
Submitted: 1 year ago.
Category: UK Family Law
Expert:  taratill replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today. Do you have a particular question you would like to ask?

Customer: replied 1 year ago.
it is regarding a decree absoloute
Expert:  taratill replied 1 year ago.

Ok it's not my area I'll opt out for a family lawyer to help you.

Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is ***** ***** I am a family lawyer

What would you like to know about a Decree Absolute?

Customer: replied 1 year ago.
Hi Clare,my Ex and I filed cross petitions against each other and as a result 2 decree nisi's were issued on the 30th Sep 2015. After 6 weeks and 1 day I went to the court and applied for decree absolute. This was issued but shows Ex as petitioner and me as respondent. I pointed out that this appeared incorrect as I was applying for the absolute on my petition and therefore the absolute should show me as petitioner and her as respondent. She insisted it had been done correctly but I do not agree.If my Ex was sole petitioner then I would only be able to apply for the absolute in 3 months after the 6 weeks and 1 day period if my Ex had not applied for it. My right to apply is surely only because it is cross petitions which is what gave me the right to apply after 6 weeks and 1 day.Do you think there is a legal loophole in what the court has done here?I am keen for it to be watertight as my Ex had filed a letter with the court requesting not to issue ne an absolute if I applied as the wanted to wait until financial matters had been completed. I have again gone back to the court and am told now that he file is back with the judge.
Expert:  Clare replied 1 year ago.

Did she write a letter or make a formal application?

Customer: replied 1 year ago.
No, I made the application as petitioner on my petition but absolute was issued with her as petitioner. Her lawyer had filed a letter asking for absolute not to be issued if I applied. Judge had put a note on file instructing for only one absolute to be issued.
Expert:  Clare replied 1 year ago.

When was the letter filed - do you know?

Customer: replied 1 year ago.
About 2 weeks after the nisi's were issued.
Expert:  Clare replied 1 year ago.

That is interesting

Were you aware of this when you applied?

Customer: replied 1 year ago.
I was.
Expert:  Clare replied 1 year ago.

How far have the finances reached?

Customer: replied 1 year ago.
Jan 8th for first appointment
Expert:  Clare replied 1 year ago.

Do either of you have private pensions?

Customer: replied 1 year ago.
we both do
Expert:  Clare replied 1 year ago.

Are they worth much the same?

Customer: replied 1 year ago.
I don't know what hers is but mine has CETV of £440K. I expect hers is about £250K. We also have about £1.5M of equity in a property portfolio. Kids are 21 and 19.
Expert:  Clare replied 1 year ago.

In that case there is no reason why the Court would reverse the Decree Absolute which has been properly granted

There is no need.

The Financial Applictaion is underway and there is no reason to delay the Absolute for the financial settlement

Do not worry about the way round you are listed on the form - it is something the Court Staff often do where there are Cross Petitions.

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

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