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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi about a few yrs ago i got divorced n my n my solicitor wanted

Customer Question

hi about a few yrs ago i got divorced n my n my solicitor wanted money for my decri nissi n the other one which i have forgotten the name of but i didnt have enough to pay for it which was about £300 so after a year i went back to where my solicitor was based and they were no longer there and i only had their landline number which was also disconnected and i had no idea where they went i looked online and nothing. so question what do i do now?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

 

Hi there,

 

Thanks for your enquiry.

 

The fact that your former Solicitor does not appear still to be in business, will not hinder you getting the decree absolute (which is the document proving that you are divorced).

 

However, as it is more than 12 months after the decree nisi, when you apply for the decree absolute, you will have to give an explanation in writing with the application containing the following information:

a) why the application was not made earlier

 

b) a statement as to whether the parties have lived together (including any dates) since the decree nisi/conditional order

 

c) a statement as to whether any child has been born to a female petitioner and/or respondent and, if so if the child is to be considered a child of the family.

 

You are free to go and see another Solicitor to assist you with your application.

 

If you wish to provide me with the firm of Solicitors who acted for your previously, I can do a search for you to see if they are still trading, but as I have said, you don't have to go back to them.

 

I hope this answers your question, but please let me know if I can assist further.

 

Kind Regards

AL

Customer: replied 3 years ago.

i have no paperwork to say i got divorced but i got divorced at bromley north courthouse would my divorce be on their books

Expert:  Aston Lawyer replied 3 years ago.

 

Hi again,

 

Yes, they will still have records of your decree nisi.

 

Do you want me to check if your former Solicitors are still in business?

 

Kind Regards

AL

Customer: replied 3 years ago.

its been a few years so i have forgotten so can i go to the courthouse and get the absolute and nisi from there

Expert:  Aston Lawyer replied 3 years ago.

 

OK. Yep- you are best to get down to the Court and take it from there.

 

Best Wishes

AL

Customer: replied 3 years ago.

i have forgotten my ex wifes name before she married me so would that be a problem when i go there or would the divorce be under mr n mrs bullen

Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

The details will be held under your married name, so don't worry.

 

Kind Regards

AL

Customer: replied 3 years ago.

ok so i would pay them at the courthouse for the absolute and nisi

Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

Yes- the absolute costs £45.

 

Kind Regards

AL

Customer: replied 3 years ago.

how much does the nisi cost

Expert:  Aston Lawyer replied 3 years ago.

 

Hi,

 

Sorry- I understood from your first post that you had already got your decree nisi?

Customer: replied 3 years ago.

no i havent got it because i didnt have the money at the time so i left it until i had the money for it which was bout a year later but they were no longer there so i tried looking online for them but nothing there either. now im getting married next year i would need both just to get married

Expert:  Aston Lawyer replied 3 years ago.

 

Sorry- I thought you had already got your decree nisi.

 

If the nisi hasn't been applied for, I 'm afraid you are going to have to start all over again and get a Solicitor to sort out all the paperwork.

 

AL

Customer: replied 3 years ago.

so i will have to get a solicitor to apply for a nisi and a absolute

Expert:  Aston Lawyer replied 3 years ago.

 

You will I'm afraid.

 

Sorry.

 

Kind Regards

AL

Customer: replied 3 years ago.

ok thank you i have paid £33 for your advice which was good but i would like that to be a one off and not monthly

Expert:  Clare replied 3 years ago.
Hi
How far did the divorce actually get last time?
Was a Petition actually sent to the court with the marriage certificate or not?
Clare
Customer: replied 3 years ago.

the divorce went to the court i was in court bout a couple of times then after my solicitor called and said he had my decri nissi and he wanted me pay £200 for it

Expert:  Clare replied 3 years ago.
Hi
So in fact the Decree Nisi has been granted.
Do you remember which court - do you have any of the original paperwork
Clare
Customer: replied 3 years ago.

i have no paperwork at all from that time

Expert:  Clare replied 3 years ago.
Hi
How long ago was it and which court was it in?
Clare
Customer: replied 3 years ago.

it was a few years ago i cant remember exactly when. it was at north bromley courthouse

Expert:  Clare replied 3 years ago.
Hi
Best guess on how many years
Clare
Customer: replied 3 years ago.

about 5 years ago

Expert:  Clare replied 3 years ago.
Hi
I suspect I know the answer but I have to ask - are you in touch with your ex at all?
Clare
Customer: replied 3 years ago.

no. but what about the decree absolute do i get that after the nissi

Expert:  Clare replied 3 years ago.
Hi
The Decree Absolute comes after the Decree Nisi and is the final part of the Divorce - without it you cannot get married again.
From what you have said you already have the Decree Nisi which means that getting the Absolute will be simple IF we can trace the correct case number.
As a starting point you can check to see if your ex applied for the Decree Absolute in the intervening years
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d440-eng.pdf
You fill in what you can and pay the required fee.
If there is no Decree Absolute then you are faced with tracing details of the Case
You should visit the court in person to discuss whether they can trace the case using just the names
You should also contact the Local Law Society to find out which form took over the responsibility for the Storage of the filed of your former firm in order that you can obtain a copy of the file - or some record of the Court Case number
I hope that this is of assistance
Clare
Customer: replied 3 years ago.

but i dont have the decree nisi bcs at the time i didnt have the money to pay for it £200 my solicitor wanted me to pay him for it so i left it for a while then when i went bk to his office the solicitors were no longer there i looked online for his name but there was nothing online i only had that office number anyway i think i will go to a solicitors here n explain everything to them bcs i dont really have time here now can i have ur mobile number pls so we can chat properly

Expert:  Clare replied 3 years ago.
Hi
You do not have a copy of the Decree Nisi - this does not mean that it was not granted by the Court
From what you have said it WAS granted - but your solicitor did not send it to you because you had not paid his bill.
Because of that what needs to happen next is an investigation exercise while you try and find documentation with the court number on it - you can pay a solicitor to do this or do it yourself as you wish.
What you have to do is set out above
Clare

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