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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33303
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Background: I have as Petitioner just been granted a Decree

Customer Question

Background: I have as Petitioner just been granted a Decree NISI after 40 years of marriage, it was not my desire but in the end inevitable. My wife has steadfastly under solicitor influence refused to engage in any discussion with me for reasons that may be FUD (fear, uncertainty and doubt), laziness, embarrassment, for an aggressive stance, or a belief she will fair better by this tactic. I don't know. Our financial situation is complex with three houses, some with tenancies and very broad in terms of scope in that I am a property developer and it is my job.
I definitely want mediation and believe we need it to avoid being driven to the courts which in my opinion her solicitor appears to be "hell bent on".
Q. I know that I do not have to apply for absolute within the Statutory 6 weeks and a day BUT will it be viewed against me if I don't and leave her to apply for the absolute after the additional 3 months?
Q. Do I have to engage in mediation before the degree absolute is obtained?
Q. In mediation can I insist on only us in "face to face" with the mediator? I have no problem with solicitors being in the background office should legal advise be necessary.
Q. Can I insist on joint position statements, and maybe mediation rules, process definition, agreed documentation etc
Q. Very important, I view a pre-caucus meeting with the mediator for each of us will be extremely valuable, can I make it a condition of going forward?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Nicola, I am waiting for an answer please process

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

No I want an answer please. How many more times are you going to ask me this?

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
I'm instructed to ask as otherwise it can seem as though we are not doing anything to help you.
Thank you for your patience,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question my apologies for the delay
My name is ***** ***** I will do my best to help you.
It is entirely you to you whether or not you apply for the Decree Absolute and it has no relevance to the settlement.
There is no requirement to attend Mediation prior to the Decree Absolute
Mediation is certainly a good way of resolving matters - but your ex cannot be forced to co-operate.
You can find a local Family mediator on the website here
www.familymediationhelpline.co.uk
There will be Mediation Information and Assessment Meetings - where the mediator will assess whether or not mediation is appropriate and will explain the process to you both.
I hope that this is of assistance - please ask if you need further details
Clare

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