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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33500
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I are over a year into divorce proceedings - she

Customer Question

My wife and I are over a year into divorce proceedings - she is the applicant, I am the respondent. On the 20th January 2014, the Decree Nisi is going through. She got all the marital assets, and ideally I would like a clean break order, but she refuses to act at almost every juncture. Once we have Decree Nisi, what would happen if she became totally inactive? As she now knows she cannot gain financially from me (she has had my small wages confirmed through the CSA, she got all the assets, and I rent a council house and have no savings) her only way to cause any harm now, is to not grant a divorce, through spite. Is there some set time after which a divorce is just automatically nulled? I am fearful of being trapped married to her for ever, and not only that, but her having access to any future financial gains. Some people mention a '5 year rule', whereby the marriage is cancelled? Thanks for any advice.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,
My name is XXXXX XXXXX I will be able to help you with your question, but first I need a bit more information:

- have you received notification from the court of the date for decree nisi that you mention?

.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
Your ex can apply for the Decree Nisi to be made absolute six weeks and one day after the Decree Nisi is granted
You can apply three months after that - so you can apply on 4th June
If she choses to contest your application on the grounds that the finances have not been finally dealt with then the worst outcome from your point of view is a further four week delay whilst she has the opportunity to make a financial application to the court - if she does not then the Decree Absolute will go ahead regardless.
There is no "five year rule" - but living apart for five years means that a divorce petition based on the ground is very hard to defend.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.
Yes we have...it is on the 20th Jan 2014.
Customer: replied 3 years ago.
Clare
Thanks so much for that. In a perfect world then, if she does not apply for Decree Absolute, and we apply ourselves on the 4th June, then, if the four weeks passes, and she does not make any financial claims, and the Decree Absolute goes ahead, does that then also mean that in the future, she could still make financial claims, or is that the whole thing finished with?
Kind regards
AnneMarie and Simon
Expert:  Clare replied 3 years ago.
Hi
In fact if you make the application and she does not attend court on the day it is heard it will be granted there and then
However the fact that you are divorced does not mean that she cannot make a further financial application.
That will only happen if she re-marries - or there is a final Financial Order within the divorce proceedings dismissing all further claims you could make against each other
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33500
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes we already have decree nisii and now this week we received notification that she has finally agreed to a clean break so our solicitor doesn't think the decree absolute will be far behind, although we can apply for it anyway on the 4th June. I just don't know if I should be doing something to prevent her moving away before all this goes through.
Expert:  Clare replied 2 years ago.
Hi
Why do you wish to prevent her from moving away?
Clare

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