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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My question is regarding an ongoing divorce application. The

Customer Question

My question is regarding an ongoing divorce application. The court has issued Absolute Nisi date as 09th Feb. Although so far this has been an undefended case, recently the respondent sent an email to the court asking for financial settlement (not the divorce costs but general financial agreement from me to her). Please note that there are 2 children are involved who live with me. The court replied to the respondent saying that she needs to hire a solicitor AND in parallel send me the letter for the nisi date.
My question is can the respondent delay the nisi or abolsute or is the financial discussions kept separate from the process. Please advise. As I am planning to remarry in July'16 and really need to be resolved soon.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat was the ground used for the divorce?
Customer: replied 1 year ago.
2 year separation - uncontested
Expert:  Clare replied 1 year ago.
Hi
Have the finances been discussed at all?
Clare
Customer: replied 1 year ago.
No. She moved out 4 years ago and left the kids with me. She took in the region of £50K with her when she left. She's a full time working person. She's never contributed towards kids during the whole 4 years and I have never asked her to.
Customer: replied 1 year ago.
Hi Clare - did you receive my reply? Let me know if you have any more questions. Thanks
Expert:  Clare replied 1 year ago.
Hi
has she told you what she wants now?
What is her financial position?
Clare
Customer: replied 1 year ago.
No she hasn't. All she has done is email the court to ask for some sort of financial assistance/arrangement. She is currently working and lives together with her brother in jointly rented property.
Expert:  Clare replied 1 year ago.
Hi
Please do not worry - she cannot hold up your Decree Absolute because the finances are not resolved.
Whilst she could ask the Court to do so it is not likely that the Court will agree in these circumstances.
However I am more concerned about the fact that you intend to remarry straight away.
This will restrict any claim you will have on your ex to your share of joint assets - whilst she will still be able to potentially make a claim against all of your assets.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you. I am not worried about making any financial claims on her as such - just more concerned about not having any delays in the process. Just one last thing the judge has issued date of nisi as 09th Feb and i understand that I can apply for the absolute in 6 weeks +1 day following that - how long do you think the court normally takes to issue the absolute. only reason is because i am planning to marry in July so just want to leave enough time in between. Many thanks
Expert:  Clare replied 1 year ago.
Hi
Most Courts will process an applictaion within three days
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Clare.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome I hope all goes well
Clare

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