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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33004
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter received a letter from the courts recently

Customer Question

Hi, my daughter received a letter from the courts recently saying the judge had put a stay on the divorce case. The letter said upon noting email from solicitor & due to non attendance of defendant (my daughter)a stay on case had been ordered. It goes on to say in default of clarification given the evidence to date the court will on expiry of the stay and rescind the degree nisi. in the event clarification is forth coming the court awaits with interest the basis that the degree nisi ought not be refunded.
We're all very confused as she has not signed nor seen any paperwork since receiver decree nisi & received no letter to attend court. Should she have received a copy of the email from petitioner's solicitor ? Wat clarification is required ? Does this mean the divorce was cancelled or does it mean the petitioner wants to go ahead with divorce & apply for the decree absolute ?
Hope you can help ? Maria
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Does your daughter want a divorce?

Customer: replied 1 month ago.
not happy with reasons for divorce but was told not worth defending it. recieved decree nisi then had reconciliation & continued with marriage as exhubby said he had cancelled the divorce. things didn't work out & they split again, for him to say the divorce would be final in couple of mths then he would be rid of her ! i queried this with her saying how can it be final if he cancelled it as no divorce to become final, and what paper work had she had since decree nisi. she said not recieved nor seen any until the letter mentioned
Expert:  Clare replied 1 month ago.

How long was the reconciliation?

Customer: replied 1 month ago.
initial split was aug/sep 2014, she recieved divorce petition nov '14 then nisi. they were back together by jan 2015 & started living together again july 2015. they seperated in may/june 2016.
2 children involved :-
girl 02/05/2013
boy 21/10/2015
exhusband has seen them once in past 13wks, picked them up 10am on sat, then left boy with his parents & took son to ? new partner's house for the night nearly 70miles away that my daughter was unaware of. she collected son on the sun from grandparents who denied whereabouts & said ex was in the town. ex returned daughter at 4pm as agreed.
Customer: replied 1 month ago.
can i add that the ex mother-in-law had some personnel papers of my daughter, think its marriage certificate & sonething else & also has all the paperwork relating to divorce & son's full birth certificate. we have asked for the originals back &/or photocopies to which my daughter was told she didn't need them
Expert:  Clare replied 1 month ago.

The reason there is a problem is that because they lived together for more than six months after the Decree Nisi - which means that he cannot now apply for a Decree Absolute based on this Petition

She should phone the Court and ask for copies of the relevant applications

She may also wish to arrange to discus smatters with her ex using Family mediation

I hope that this is of assistance -please ask if you need further details

Customer: replied 1 month ago.
thank you for your reply based on the sketchy imformation. still slightly confused as:
1) exhubby (petitioner) allegedly cancalled divorce shortly b4 they started living together again, should daughter have agreed to this too & recieved some kind of official paperwork ?
2) if it was cancelled then surely exhubby would have to put petition in again & start from scratch ?
3) from the recent letter she recieved saying non attendance of respondant, how could she attend if she recieved no notification that there was a hearing ?
4) should she have seen a copy of the email that exhubby's solicitor had sent to the court ?
5) date has been re-scheduled does she have to attend & what clarification, if any, is the court asking for ? i pressume this relates to the contents of solicitors email ?
thank you again for ur response, i have passed it on to daughter & again advised her very very strongly to contact a solicitor as well as arranging some kind of mediation. yours maria
Expert:  Clare replied 1 month ago.

1. Yes if the Decree Nisi had been rescinded then your daughter would have had to sign the paperwork

2. Correct

3. Exactly - another interesting issue!

4. She should - and to have been told about the hearing!

5. I rather think her husband applied for the Decree Absolute and the Court rejected it on the basis that they appeared to have lived together his solicitor should have told him the position - and clearly did not do so

Customer: replied 1 month ago.
thank you, ***** ***** thank you again !!! i knew something didn't seem right with hole situation & i think there's more to this than meets the eye. im going to drag my daughter to a solicitor 1st thing in morninh to get this all sorted - properly. again i say thank you, ***** *****
Customer: replied 1 month ago.
sorry to be a pain claire but just to clarify my understanding, from the recent letter daughter recieved my understanding is that the contents of the ex's solicitor's email to the court was to ask for the decree nisi to be made absolute & that my daughter should have attended the hearing to agree. but due to the fact they had lived together for 6mths plus & the fact that ex was applying after the 1yr period the court have refused to grant absolute & if no clarification was given by my daughter then they would recind the decree nisi & so divorce would in effect be cancelled & they would still be legally married, this meaning than either 1 of them would have to present a new petition to start proceedings again or they would have to wait the 2yrs period of seperation before applying. in either the case the ex has falsely claimed & misleaded my daughter into thinking he had cancelled the divorce coz obviously he hadnot.
sorry again for being a pain & appearing a 'dumb-ass'
maria :-/
Expert:  Clare replied 1 month ago.

You are being no such thing - it is your former son in law and his solicitor who are the problem in this situation

The legal position is clear (although it appears the solicitor is not aware of it)

Since your daughter and her husband resumed their cohabitation and remained together for more than six months the Divorce can no longer go ahead.

If you daughter attends court she woudl need to lie and say that she and her ex lived in the same house but as completely separate households if the divorce is to go ahead - which would make the second child rather hard to explain.

This is her ex's mess - it is his problem to deal with

Customer: replied 1 month ago.
thank you again, shame you are not in our area to act on my daughters behalf :-) so the nisi will be recinded, so they'll still be married & they'll have to start the whole divorce proceedings from scratch ?!?! well i think i've got my head around it, now to play sherlock & work out why/how my daughter has had, nor seen any correspondence since recieving decree nisi :-O thank you muchly, i will be leaving very positive feedback for your help x
Expert:  Clare replied 1 month ago.

You are most welcome - and you have clearly understood the position

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