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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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What can leglly be done when a spouse is deliberately delaying

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What can leglly be done when a spouse is deliberately delaying a divorce? My partner, living in my home, has given his wife two thirds of the family house sale, enabling her to buy a new home but hes not anywhere near enough to do the same. Apart from this he has given her thousands more than she was entitled to. There was a verbal agreement that she would not want his pension but now shes got the lions share of the house sale has gone back on her word. They had been married for 23 years, second marriage for both and no children together. But he brought up her two at the expense of his own two. My partner is now retired and doesn't have a large pension. Is there any thing that can be done. Her solicitor is taking months to answer letters from my partners solicitor. Thank you
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
How far has the divorce actually reached?
Customer: replied 3 years ago.

The divorce has been going on for three years now and I'm sorry but I don't know the legal term but the only officiall document so far has been the one that we admitted to living as man and wife. The divorce was brought by me partners wife and the house was sold at a reduced price because she "wanted to move on" and she's got her own paid for home and my parner is dependant on me for a home but if anything happened between us he wouldn't have anywhere near enough money to start again. Her divorce petition was undefended by my partner as the solicitor said it would be quicker. Thank you for attention

Do you know if it was the Decree Nisi that has been granted?
Customer: replied 3 years ago.

There is one about Divorce/Dissolution (Judicial) Seperation petition.But we were also sent seperate identiacal forms asking about us co habitnin and wanting to know my income, Sorry I can't help you further.


Are you able to check with your partner as to what the position is or would you like some general details
Customer: replied 3 years ago.

General details please as we can't find the documents that we have recieved. Thank you

But I think if we had the nisi thing we would have remembered.


The starting point is to establish the stage that has been reached with the divorce
If Decree Nisi has NOT been granted the your partner should give his ex a deadline to apply and if she doe snot do then he should apply to the Court to dismiss her Petition in order that he can issue his own
If it hAS been granted and the financial negotiations are stalled then he should apply to the court for Ancillary Relief - which means for the financial issues to be dealt with.
This will lock him into a court set timetable for the exchange of information and a series of hearing to bring matters to a conclusion
I hope that this is assistance - please ask if you need further details
Clare and other Family Law Specialists are ready to help you