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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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 wife will not agree to the financial settlement or sign

Customer Question

My wife will not agree to the financial settlement or sign the papaeres how long can this go on, it has so far lasted 11 years
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the exact position at the moment?

Customer: replied 1 month ago.
no agreement on a finacial settlement so we are still technically married
Expert:  Clare replied 1 month ago.

Has there been a Decree Absolute?

What financial agreement are you seeking?

Customer: replied 1 month ago.
there is no decree abslute as she will not agree aa financial settlement.
Expert:  Clare replied 1 month ago.

My apologies - I meant the Decree Nisi and which of you is the Petitioner.

What are the terms of the financial order you are seeking and what steps have actually been taken to secure it

Customer: replied 1 month ago.
I'm seeking my wife's agreement to the financial sttlement, half the house and a percentage of my pension. We have no children at home or under the age of 27yrs. We both wanted to seperate nobody is involved, just time is at fault. My wife wants all the house and want sign so we cant get a absulate divorce.
Expert:  Clare replied 1 month ago.

Who was the Petitioner and when was the Decree nisi granted?

Customer: replied 1 month ago.
Myself Nisi granted 2006
Expert:  Clare replied 1 month ago.

Have you resumed cohabitation in that time?

Have you actually applied for the Decree Absolute?

Customer: replied 1 month ago.
We have resumed cohabitiation in between the years, not sex just living under one roof. I have not applied for the decree absolute because of the disagreement over a finacial agreement.
Expert:  Clare replied 1 month ago.

How long were you living to gether in total - and did you live entirely separately - no joint shopping/cooking/cleaning/washing?

Customer: replied 1 month ago.
we married in 1974, seperated in 2004 i filed for the decree nisi in 2006, we lived on and off togther since then for rare parts of the years no marital joing and in seperate rooms. We did celebrate a 40 wedding anivasery in 2104 because she wanted too for her family and i thought it would make the parting easier. I did the cooking sometimes and we did share the washing when she was here.
Expert:  Clare replied 1 month ago.

Then I am very sorry but in fact you are going to have to apply to have the previous Decree Nisi revoked and the Petition set aside.

This is because you have resumed co-habitation since the Decree Nisi for more than six months.

It is not enough simply to have separate rooms - to count as continuing to live separately you must live as complete strangers which you have not done.

Once you have gone through the process again they you can simply apply for the Decree Absolute UNLESS you do NOT have to wait for the Finances to be agreed.

In any event once the date of the Decree nisi has been set of no agreement can be reached you simply apply to the court for the financial issues to be resolved by the Court

I am sorry to give such bad news - please ask if you need further details

Customer: replied 1 month ago.
HiNow I know I have not done the right things how do I proceed, do I start from stage one? I have a house worth 700K no children at home, a state pension £699 per month, 80K in savings what do I bargain with to get this sorted, thank you for your help.
Expert:  Clare replied 1 month ago.

The starting point is to use a D11

https://formfinder.hmctsformfinder.justice.gov.uk/d11-eng.pdf

To ask for

1. The Decree Nisis to be revoked

2. The Petition to be dismissed

3.The marriage certificate to be released into the new matter

File that with a new petition based on her Unreasonable Behaviour.

Customer: replied 1 month ago.
How long will that take and do I go through the coiurts? Do I have rto give half the house, my pension, and my savings?
Customer: replied 1 month ago.
What is a D11
Expert:  Clare replied 1 month ago.

The form is here

https://formfinder.hmctsformfinder.justice.gov.uk/d11-eng.pdf

The process should take between six and nine months

The starting point for division is 50/50

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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 1 month ago.
Whaat happens if a 50 50 split is not agreed?
Expert:  Clare replied 1 month ago.

Then it will be for the court to determine what the outcome should be

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