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