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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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In the year 2000 my wife petioned through

Resolved Question:

In the year 2000 my wife petioned for divorce through a solicitor, as the respondent I acted for myself. The divorce did go as far as decree nisi but never made absolute by my wife. We both got a shock when we received the nisi ( this is really happening ). So we regrettably had a short last try to save our marriage. This was only for a short period and didn't work out at all. We have both been living miserable separate lives in the same property ever since, in different bedrooms. We both agree we are separated and have been for many years.We both agree and consent without contest that our marriage is a fake and irretrievably broken. As far as I know the decree nisi was never dismissed and withdrawn by my wife's solicitors, the court still have our marriage certificate. After 15 years can I as the respondent still apply for an absolute end this mess and move on. Geoff XXXXX ( aged 66 ) yes I know, how some people live!

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.
How long did the short last try last for?
Clare
Customer: replied 2 years ago.

As far as I can remember less than 6 months I was ill at the time and emotionally wrecked.We made a mistake trying some sort of reconcilliation, which may make a difference with the existing petition. I know this needs to be done and finished with but it seems silly to have to go through it all over again the time, stress and expense ( we've paid for it once ). In law I suppose even though I think the initial petition is still open and not dissolved will we get a sympathetic judgement. Is it fatal to the existing petition trying to save your marriage without success. If you need any more information please feel free to ask I'll do my best to help.

Customer: replied 2 years ago.

When I was working I needed a copy of my marriage certificate for a change in my occupational pension for next of kin. My wife contacted the court for the certificate and was told she could not have it because your husband the respondent can come at any time and apply for an absolute, is this true. She was shocked and said am I still married, they said legally yes but your husband can come and ask for a absolute as it is still open. Geoff.

Expert:  Clare replied 2 years ago.
Hi
In the intervening years have you lived entirely separately - no shared cooking, cleaning, shopping or washing?
Clare
Customer: replied 2 years ago.

I know myself our case is absurdly unusual. When we were going through the divorce earlier I signed our jointly owned house over to my wife so she is the sole owner of the property now. This was done to protect my pension provision, which she agreed to. I have lived there as the lodger and her as the landlady ever since really. I have been paying her board and lodge money out of my pension per week. £160 per week that covers lodge, laundry, shopping, cleaning and some shared cooking because my oldest son still lives there. What a mess and horrible life to live like I just want to move out and our so called marriage to end. Geoff.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but frankly the problems you will face in obtaining a Decree Absolute after you have lived together for a further 15 years are going to be almost insurmountable especially if you have not lived entirely separately.
However if you wish to try you need to apply for the Decree Nisi to be made Absolute using a form D11
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
You need to state that neither of you had any further children and that that you did not resume cohabitation for more than six months
You should also state that whilst you have remained in the same property it has been as Landlady and Tenant not as husband and wife.
The fee is £95
Please ask if you need further details
Clare
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