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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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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Divorce- I have my decree nisi, but I dont have a Solicitor

Customer Question

Divorce- I have my decree nisi, but I don't have a Solicitor anymore, how do I apply for my absolute, can I do this myself and to where do I apply to. Also I have no contact with my ex husband and don't want to, he lives in the matrimonial property and he pays the mortgage, the mortgage is in joint names, I would either like him to buy me out or sell the property, how do I go about this, do I need to get another Solicitor involved, I am on state pension and have a part time job so money is tight, I left the marital home in 2012 due to my husband hitting me, I did not have him charged, but the incident was logged with the Police. Many thanks.

Judy Bowler
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How far have the financial negotiations reached?
Clare
Customer: replied 3 years ago.

None, my Solicitor at the time went through Pensions etc, but I don't want to touch his pensions all I want is my half of the property, the rest he can have, my ex husband has disclosed to a friend that he may well have to sell the property and seams ok with this. I did have a private pension but had to cash it in in 2012 so I could live and since then I have moved to my own place which is rented. Hope this helps

Expert:  Clare replied 3 years ago.
HI
How long did you live together and were there any children involved?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there?
Clare
Customer: replied 3 years ago.

Married 25 years, so been together 26 years, no children involved, the house is approx. £90,000 and the outstanding mortgage is £16,773.61. I don't know what r assets or debts there are on his side, the only thing that I had to do when I was on Job Seekers I had to get hold of a Debt Agency so I could consolidate what I owed and I pay them £100 per month, I only have just over £1000 now in savings, as I have had to buy furniture etc to set myself up in a new home. I own a car which has been paid off and need that to get too and from work.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you do not want to make a claim on his pension - even if it is just to give you a larger share of the equity in the property?
Clare
Customer: replied 3 years ago.

Hi,


 


Although I left my ex husband due to violence, I don't think it fair that I should claim on his pension, he has been done for DIC and banned for 2 years, so he must have lost his job, I just feel and I have felt this for some time that I really don't want any of his pension, just my share of the house, as he has to make a new start too.

Expert:  Clare replied 3 years ago.
Hi
Are you able to discus finances with your ex?
Clare
Customer: replied 3 years ago.

No, I haven't been in contact with him since the day I left July 2012 and I am afraid I will not contact him.

Expert:  Clare replied 3 years ago.
Hi
Could you manage to negotiate if there was a mediator involved - especially if you do not have to be in the same room?
Clare
Customer: replied 3 years ago.

Hi, that is going to be difficult, he lives in Northampton and has been banned from driving, also he doesn't know where I am living, that is to say in which part of the Country, so I don't think so

Expert:  Clare replied 3 years ago.
Hi Judy
Unless you are able to resolve the issue with your ex via Family mediation (www.familymediationhelpline.co.uk) then an application will have to made to the court for the financial issues to be dealt with
The court can order a sale of the Matrimonial Home and say how the proceeds of sale should be dealt with
It would be sensible to delay any application for Decree Absolute until then so that you can benefit from a Widows pension if matters are not resolved
Because there has been Domestic Violence you may still be entitled to Legal Aid to assist with this - so please see a Family Law Specialist as soon as possible
You can find one here
www.resolution.org.uk
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you for your advice, I will get hold of a family mediator and go from there.

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare