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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 854
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I seperated over 10 years ago and just recieved the results

Customer Question

i seperated over 10 years ago and just recieved the results for a decree absolute check. the check came back as no trace found but there was a case number. when i checked on the case number ***** decree nisi was filed but not followed up by the decree absolute request. what do i do now. what should my ex do as she filed the divorce?

Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Please may I ask:
- do you want be divorced?
- when did decree nisi take place?
- do you still know and speak to your ex?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes we do. I thought it was done. It took place in 2004. Yes I do speak to her
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
The proceedings that your wife has filed are still live proceedings and she could choose to apply for Decree Absolute in those proceedings.
If you are both agreed that you should be divorced - and from what you have said, you are - then this course of action would save the time and cost of you seeking to dismiss your wife's previous proceedings and then having to issue your own.
The Form for applying for Decree Absolute is a very simple form and can be found here:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/d036-eng.pdf
The Application needs to be sent to the Court that issued the proceedings.
As it has been more than 12 months since the Decree Nisi was obtained - Your wife will have to file a statement in support of her application for decree absolute. Your wife will need to detail explaining why no one applied earlier, whether you have lived together again and whether any more children of the family have been born.
As the proceedings were issued prior to 2013 - the court fee is £50 for the application for decree absolute. This should be sent with the Application. Payment can be made by Cheque payable to HMCTS.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Thanks. Will we need a solicitor to help with the application?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
The application form itself is really simple and therefore can be completed without the need of the solicitor.
In respect of the statement - Your wife will need to detail explaining why no one applied earlier, whether you have lived together again and whether any more children of the family have been born. Your wife could again do this herself without the need for a Solicitor. If your wife is not very good with that sort of thing then she could ask for some help from a solicitor. This discreet piece of work should cost around £200.
I would also advise you to consider the matrimonial finances. You should really go through full and frank financial disclosure before you discuss division. If you are however both agreed that neither of you want to make a claim then you should submit a clean break consent order with the decree absolute application. If you don't deal with this then you could be leaving yourself open for a future claim. A solicitor can draft such a consent order for around £300.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
please kindly remember to rate positively - your question will not close and I can answer your follow up questions for free