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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a petitioner in divorce. Reached nisi. My wife respondent

Customer Question

I am a petitioner in divorce. Reached nisi. My wife respondent is dragging heals on consent order and saying she can't afford legal advice....what's my next step?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
How long have you lived together and are there any children involved
What assets and debts are there and how much do you each earn?
Claire
Customer: replied 4 years ago.
Lived together 8 years. She has two children from a previous marriage we have one child together.

I earn 90k in bonuses. I have circa 60k of debt. She has chattels in house which I have agreed she can keep. She rents house from her father. I rent house also. Pension my pot circa 80k hers not known

Her earning are unknown excluding benefits circa 12k but she has skills that could her her 30 to 40 k per annum we are both 42
Expert:  Clare replied 4 years ago.
Hi
What pensions do you each have?
Claire
Customer: replied 4 years ago.
My CETV of pension £80k hers unknow I would gues £30k private pensions
Expert:  Clare replied 4 years ago.
Hi
Is there a reason on your part why you have not applied for the Decree Absolute even though the finances have not been settled?
Claire
Customer: replied 4 years ago.
Thought advisable to wait?
Expert:  Clare replied 4 years ago.
Hi
Is there a reason why you thought that (I am trying to work out what has held you back!)
Claire
Customer: replied 4 years ago.
Doesn't this affect settlement. I also thought from a finances side absolute meant nothing as people could have made claims years later?
Expert:  Clare replied 4 years ago.
Hi
So what you are really wanting is the final financial order - not the Decree Absolute?
Claire
Customer: replied 4 years ago.
Yes what should I offer I had been previously advised that in court may get child maintenance rounded up to £1000 per month to cover her but this would be a term order until she remarries or child finishes full time education ? Is this reasonable. What should I off to avoid expense that neither of us can afford?
Expert:  Clare replied 4 years ago.
Hi
Are you paying spouse maintenance at the moment?
Claire
Customer: replied 4 years ago.
No just child maintenanceWe have split for just over a year in first three months I paid 1000 per month in total . She offered to reduce to current level
Expert:  Clare replied 4 years ago.
Hi
Given that there are no capital assets other than your pensions and your ex has not yet applied for spouse maintenance there is no reason for you not to apply for the Decree Absolute immediately.
So far as the financial settlement is concerned you can force the issue through the courts by making a formal application for the Financial matters to be dealt with - this will lock you into a Court timetable which leads to a final Order
Claire
Customer: replied 4 years ago.
Is there an offer you would recommend to avoid the court process?
Expert:  Clare replied 4 years ago.
Hi
Since she has made no financial disclosure at all there is no offer that you can make.
The only realistic issue is the Pension Sharing and without details of her pension there is no offer you can make
Claire