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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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How could I get a formal document stating that my ex-wife

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Hello, how could I get a formal document stating that my ex-wife didn't file any appeals against the decree absolute we got for our divorce? A "certificate of non-appeal (or equivalent)" is a requirement so I can do an Exequatur of my divorce in another country. Thanks.
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstExactly what is the requirement from the foreign country?
Customer: replied 9 months ago.
In this country, once a process finishes and a sentence or ruling is made by the judge, the sentence is "accepted" (they use the word 'consent' to the sentence). That is the best way I can explain it.The foreign country needs a formal document stating that the sentence is "final" and that no party appealed after the decree absolute was made. I guess they want some equivalent from the court that shows that the ruling was indeed final and the case is certainly closed.
Expert:  Clare replied 9 months ago.
The problem is that there is no equivalent in the UK.The Decree Absolute is not appealable as such - unless the other party can prove fraud.I am aware that in some countries you are immediately asked if you wish to appeal - but that is not the case here in the UK - and since obtaining the Decree Absolute is basically a paper exercise there is no opportunity to do soYour best option would be to ask a solicitor to write an official letter - on headed stationary - confirming the UK law on the matterPlease ask if you need further details
Customer: replied 9 months ago.
Hello Clare,"The Decree Absolute is not appealable as such - unless the other party can prove fraud.". I assume this is what the other court would be wanting to hear, that this "unless" hasn't happened.I was thinking of some document querying the clerk at the county court to show that "no filing has been made under this case" or some way of requesting a search for any appeals made under the case. Couldn't I request a search at the country court? My lawyer sent me a sample document from a court in Florida, US, and something like that should be sufficient. How could I request something similar from the UK country court? Is there such thing?Thanks,Arturo
Customer: replied 9 months ago.
Sorry, I meant "county" and not "country". Thanks. -Arturo
Expert:  Clare replied 9 months ago.
The problem is that there is no such Certificate because once a Decree Absolute is granted in the Uk then the marriage is over and the parties are free to marry again within the hour if need be.The ONLY grounds when it woudl be over turned is if there has been fraud - and then the time lapse does not matter - although even then it would not be easily obtained.Accordingly there is no basis on which the court would grant such a certificate - or even al etter
Clare, Solicitor
Category: Law
Satisfied Customers: 33501
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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