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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Family Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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I got decree nisi on 29thsept 2015 i am the petitioner and i

Customer Question

i got decree nisi on 29thsept 2015 i am the petitioner and i applied for decree absolute. everything was agreed before including financial consent my wife has now filed that it was duress and put false rape charges will i get my absolute decree or will i have to wait
JA: Thanks. Can you give me any more details about your issue?
Customer: she has asked to put aside the financial consent order which still was in process and than got me arrested on 25th dec 2015 i was real eased on conditional bail this was for harassment and later on feb2nd it was no further action by police and than on 3rd feb she put false rape charges the police called me for voluntary interview they are investigating the case i have applied for decree absolute on 29th jan 2016 i haven't received the decree absolute so i want to know will i get the decree absolute or will i have to wait
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Submitted: 9 months ago.
Category: UK Family Law
Expert:  Thomas Judge replied 9 months ago.

As the petitioner it is usually you who would apply for the decree absolute. She can apply to the court to prevent the granting of the DA. That said, the court in previous cases very often is supportive of the granting of a DA. The power to delay decree absolute “is an exercise of discretion of the trial judge but that exercise of discretion weights the granting of the decree absolute against the special circumstances very heavily in favour of the grant. I hope that this makes sense. Please rate positive.

Expert:  Thomas Judge replied 9 months ago.

I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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