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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33290
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare I got a decree nisi over 12 months ago, I haven't applied decree a

Customer Question

Hi Clare
I got a decree nisi over 12 months ago, I haven't applied for my decree absolute because to be honest I totally forgot about it. I was handling the divorce myself and my mother died and I got pregnant by my new partner and had a baby who was then in hospital for a while and totally didn't deal with it.
What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have the financial issues been resolved?
Clare
Customer: replied 1 year ago.
Which financial issues? There weren't really any with my ex husband. We still own a house together but I live in it and we have no current plans to sell it. We have agreed between us how we will divide the profit on the house. I pay the mortgage.
Expert:  Clare replied 1 year ago.
Hi
Is the agreement a straight 50/50 split?
Clare
Customer: replied 1 year ago.
No it's not- we agreed a percentage split of the profits based on what we put in
Expert:  Clare replied 1 year ago.
Hi
YOu need to get this agreement turned into a Consent Order and sealed by the Court.
This is because if you do not and the Divorce goes ahead and there is then a dispute about how the property is shared between you then you may not be able to get more than 50% of the equity.
When you are ready to apply for the Decree Absolute
you can do so using the usual form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d036-eng.pdf
But it will need to be accompanied by a Formal Statement confirming
1. That you have not resumed cohabitation.
2. That you have had a child but it was not a child of the family
3. The explanation for the delay.
The fee is still £45.
I hope that this is of assistance - please ask if you need further details
Clare

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