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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1494
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I started a divorce last year, and got the decree nisi.

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I started a divorce last year, and got the decree nisi. However when we applied for the decree absolute it was refused by the District Judge at Bow County Court on the grounds that my husband has given up eveything, and the property in the Caribbean is out of their jurisdiction. Needless to say I told my solicitors that I no longer wanted them to act for me. I notified the Court of this and stating that all future correspondence should be forwarded to me at the above address.I did not pursue it any further. I received no communication form the Court, nor my previous solicitors used.However, This morning I received by hand his solicitors from the Clarkenwell Court Notice of Application for decree nisi to be made absolute, with application of notice. The hearing is on 9 March 18. What I want to know without hiring another firm of solicitors can I respond to the court directly, forwarding copies to his solicitors. If so what is the form that I should use.


Welcome to Just Answer

I am a Solicitor and will assist you.

It appears to me that what the Judge rejected on your application was in relation to the matrimonial finances and a consent order that you may have submitted for court approval.

As it was your divorce petition, then your ex is able to apply to decree absolute after a further 3 months from your 6 weeks and 1 day. When the respondent applies the court will last the case for a hearing as they have done in your situation.

From what you have suggested, you do not oppose the making of decree absolute and on this basis you could write to the court to tell them your position (in a formal letter). You do not need to make an application or use a form to tell the court that you do not object to decree absolute being pronounced. The court may decide that given your position that a hearing is not required, or it may not and the hearing may remain listed with you both telling the court at the hearing that you agree to decree absolute being pronounced.

The finances is different. If a consent order is still agreed then this could be resigned and resubmitted to the court for approval. If approved this will become legally binding. If he wont agree then he could issue proceedings in relation to the matrimonial finances at a point in time in the future as long as he doesn't remarry.

If he does agree but the Judge doesn't approve this through the postal route then the Judge should arrange a hearing so you can both explain why he is not seeking any of the matrimonial finances for the reasons in your case whatever they may be such as length of marriage, your previous assets contribution etc etc. The Judge may then approve this at a hearing.

kind regards


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