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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner is currently divorcing his wife on the grounds of

Customer Question

My partner is currently divorcing his wife on the grounds of desertion.
He only now has to apply for the decree absolute.
We have received a letter from he stating that if she does not have this within the next week then she will start her own divorce proceedings. Listing in the grounds the details of a accusation that when they split my partner attacked and raped her, even though she never went to the police.
My partner went to the police a few weeks before to log a domestic violence attack on him by her.
We feel that she is blackmailing him ?.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Do you have a specific question?
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
When was the Decree Nisi granted?
Claire
Customer: replied 3 years ago.

Six weeks plus ago, my partner just needs to fill in the D36.


The letter that his wife sent was very nasty stating if it was not done by the 19th she would go to the police over her claims.


She left 3 years ago and my partner started divorce proceedings in June last year, but they could not be served on her until the 28th December as she was always unavailable,


 

Customer: replied 3 years ago.

Six weeks plus ago, my partner just needs to fill in the D36.


 


The letter that his wife sent was very nasty stating if it was not done by the 19th she would go to the police over her claims.


 


She left 3 years ago and my partner started divorce proceedings in June last year, but they could not be served on her until the 28th December as she was always unavailable,

Expert:  Clare replied 3 years ago.
Hi
His ex cannot issue a new petition - indeed it would be foolish to do so since all she needs to do is wait three months and apply for the Decree Absolute herself.
There is very little that can be done about the Police threat I am afraid - and I fear that this is something she may do at sometime in any event given her odd approach
I hope that this is of some assistance - please ask if you need further information
Claire
Customer: replied 3 years ago.

Thank you


Can she go the police 3 years later and accuse him ?.


He already has a crime number against a domestic attack that she did to him ?.

Expert:  Clare replied 3 years ago.
Hi
She can go to the police and accuse him at any time - what they chose to do about it is a very different matter
Claire
Customer: replied 3 years ago.

Will she not require proof though to make such a claim ?.

Expert:  Clare replied 3 years ago.
Hi
People make such accusations all the time.
The fact that they are made does not mean that they are true.
The police will investigate so far as they consider appropriate - but
that doe snot mean that there will ever be a prosecution
Claire

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