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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have been going through a drawn out divorce process for the

Customer Question

I have been going through a drawn out divorce process for the last 3.5 years. I agreed that she would divorce me as she got a government paid solicitor. She finally did this and on the 27th of September 2013 I received notice that a decree (nisi) had been granted based on two-year separation.

She failed to apply for a decree absolute after her 6-weeks. When I asked her to proceed or I would apply after the 6-weeks + 3-months were up, her response was that she had it on hold until I had entered into ‘serious negotiations over finances’. She has not made any attempt to initiate negotiations, call for mediation or apply for a financial order since the decree was granted. So the question I have is:

Could I proceed to apply for a decree absolute (using form D11) with her holding this position, based on her having the time to but doing nothing about this?

In terms of previous finical process:
- I have reliably paid child maintenance.
- All material assets were divided or payments given (for our car) some time ago.
- After the sale of our flat in 2011, I divided the money so that she had just less than 2/3.
- I made the case that all but one of our pensions are not relevant.

I have submitted evidence to show all of this to her solicitor twice more than a year ago and did not get anything back. The legal advice that I was given was that this all sounds reasonable and that she has no case for asking for more. But she is not inclined to come to any agreement based on legal advice so I am wondering if I can proceed at this point anyway?
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.
What Pensions do you each actually have?
Clare