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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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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What is my financial position prior to Decree Nisi?

Resolved Question:

What is my financial position prior to Decree Nisi? My wife filed a divorce petition in October 2014 but so far has refused to negotiate a financial settlement (presumably as she holds >50% of our joint assets) or even applied for a Decree Nisi. She has blocked the sale of my house (she lives in the former marital home and was not on the deeds) and is demanding half of the profits via her solicitor. I understand that without a decree nisi the court does not have jurisdiction to make a final order in respect of financial issues arising from the marriage. So does my wife have the legal right to block me from receiving the sale proceeds which I need to pay HMRC?

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.
For clarity - the property that you are speaking about is the Matrimonial Home in which she still lives - is that correct?
Clare
Customer: replied 2 years ago.

No, the property Im referring to is another house which I bought separately.

Expert:  Clare replied 2 years ago.
Hi
What has happened to the proceeds of sale of that property?
Clare
Customer: replied 2 years ago.

The sale was delayed by her action, but appears to be proceeding but has not yet completed. Her solicitor is trying to get the proceeds paid across to their client account, but I have refused. They originally requested that half be sent to my wife, and half to me. Ive agreed to leave the funds at the conveyancing solicitors temporarily so the sale is not blocked again, but it doesn't seem at all fair or reasonable as I owe this money to HMRC.

Expert:  Clare replied 2 years ago.
HI
What is the position with regard to Mediation?
Clare
Customer: replied 2 years ago.
I spoke to the mediator who said that he would contact my wife but that he wouldn't be free until 2nd June for a meeting with both of us. I have contacted him but not had an answer yet as to whether this will take place or not or whether my wife responded to him.
Expert:  Clare replied 2 years ago.
Hi
Have you had your first meeting with the mediator?
Clare
Customer: replied 2 years ago.
I had an initial meeting with him where he took down all the relevant information. My wife was not present.
Expert:  Clare replied 2 years ago.
Hi
Excellent
and just to check did you make the threat about applying to dismiss her petition?
Clare
Customer: replied 2 years ago.

Yes, on 9th April I wrote "Unless you apply for the Decree Nisi within the next two weeks then I intend to apply to the court to dismiss your petition so that I can file one of my own"

Ive also asked them to confirm that they will be applying for decree nisi on several occasions since and their answer is always "our client will apply for Decree Nisi in advance of submitting any agreed order to the Court for their approval".

Expert:  Clare replied 2 years ago.
Hi
In that case why have you not actually applied for her Petition to be dismissed - you are entitled to do so?
Clare
Customer: replied 2 years ago.

Only because I have been busy. I was thinking of doing that next. I am more focussed on the witholding of the money. If I apply for petition to be dismissed, does that alter my position?

Expert:  Clare replied 2 years ago.
Hi
Could you remind me how it happened that this money is not being released to you?
Clare
Customer: replied 2 years ago.
My wife's solicitor put a block on the sale of the house at the land registry which she refused to lift unless the money was either paid to her held in joint names or held at conveyancer until an agreement was reached. This put me, the conveyancer and the estate agent in a difficult position as it risked losing the buyer. So I had little choice but to agree to leave the money at the conveyancer at least until the sale completed. My intention was to try and unblock the money at later stage.
Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
You have given your Undertaking and are bound by it whatever the position regarding the Decree Nisi.
However you are right the issue does need to be forced
The way forward is two fold.
If you have not already done so attend a Mediation Information and Assessment Meeting so that you can issue the financial applictaion if you chose to do so and at the same time prepare a draft Divorce Petition base don your ex's behaviour and submit it to her solicitors for comment saying that you will be intending to file this then you apply to dismiss her petition.
Then do it.
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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.
Ok , thank you, ***** *****

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