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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33533
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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Hi thereMy husband filed for divorce and the decree nisi

Customer Question

Hi there

My husband filed for divorce and the decree nisi will go through mid July. Initially he was very anxious to divide the assets so he could take his share of the house and move on. Now we have started financial disclosure everything has stalled from his end. I have prepared all my documentation, got pension valued, house valued etc. Six months down the line we are still waiting for his. I hate to up the ante but I am fed up with waiting and just want to move on now. My solicitor has issued a request for mediation prior to an application to the court. I am worried that my husband will reject mediation and continue stalling - can he do this or can he be made by the court to reveal finances? I've read that some spouses deliberately drag things out to ensure the partner runs out of money for legal fees...
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Does your ex have a private pension?
Clare
Customer: replied 2 years ago.

Hi Claire


 


We both have USS pensions (University Superannuation Scheme). He has paid into his for more years than me. He also has a pension from his job in Holland for 5 years.


 


Thanks

Expert:  Clare replied 2 years ago.
Hi
How long have you lived together and are the pensions roughly balanced?
Clare
Customer: replied 2 years ago.
We've been married 31 years. My pension is worth 216,000. I'm guessing that my husband's is double that. He earns £75k per annum plus consultancy fees which he isn;'t disclosing. I earn £49k.
Expert:  Clare replied 2 years ago.
Hi
In that case to protect your position you should make an immediate application to the court for the Financial issues to be dealt with
This will ensure that a Pension Sharing Order can still be made if necessary even after the Decree Absolute has been granted.
It will also lock you into a set timetable bringing matters to a head
Making the application does not mean that Mediation cannot go ahead at the same time
The application fee is £245.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Claire. Just need you to clarify:What do you mean by 'In order to protect my position' ? In what way am I putting it at risk by not putting the application in immediately? Many thanks for your help.Jilly
Expert:  Clare replied 2 years ago.
Hi
A pension Sharing Order cannot be made after the Decree Absolute has been granted unless the application was made prior to that date OR the court gives permission - so applying now avoids the problem and in no way compromises any other actions
Clare
Customer: replied 2 years ago.

Thanks Clare


 


Does the decree absolute happen automatically or is it applied for? My husband petitioned me for divorce.


 


 


 

Expert:  Clare replied 2 years ago.
Hi
The Decree Absolute has to be applied for - it is not automatic - but there is no action you can take to prevent it being granted
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33533
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.
thankyou!
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - good luck
Clare

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