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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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Does my husband have to apply decree absolute as I feel he

Customer Question

Does my husband have to apply for a decree absolute as I feel he is being pushed into this by the woman he had an affair with,do financial issues have to be sorted before a judge will grant the absolute
Submitted: 2 years ago.
Category: UK Family Law
Expert:  Clare replied 2 years ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Who issued the Petition and which ground was used?

Clare

Customer: replied 2 years ago.
My husband issued the petition on two years separation,February 2014 he also put a petition in for unreas behav which I contested because he walked out on me in sept 2012 after 35 years of happy marriage saying he had fallen out of love which I feel is a load of rubbish,I found out in march 2013 that he had had an affair and the other woman's husband divorced her on unreas behav,I feel she is pushing my husband to do this divorce now because her marriage broke up and she has now moved onto somebody else.
Expert:  Clare replied 2 years ago.

Hi

Has the Decree Nisi been granted?

Clare

Customer: replied 2 years ago.
It is due on 15th sept 2015
Expert:  Clare replied 2 years ago.

Have the financial negotiations started yet?

Customer: replied 2 years ago.
There has been nothing at all it, it,s as if he doesn't,t know what he really wants,he is riddled with guilt,over the last three years nothing has made sense of what he has said or done,I wonder if this is a midlife crisis,my solicitor reckons he has had his head turned and is in a muddle now.
Expert:  Clare replied 2 years ago.

It is up to your ex if he applies for the Decree Absolute or not - but if it is his petition you MUST ensure that your financial position is secure.

Since you cannot stop the Decree Absolute then you need to apply to the court for financial provision to be made BEFORE the Decree Absolute is granted