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JeremyT1020
JeremyT1020,
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Wanted to get some details for the decree absolute, England

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hi wanted to get some details for the decree absolute
JA: Where are you? It matters because laws vary by location.
Customer: England The petitioner (
JA: What steps have you taken so far?
Customer: decree nisi is pronounced
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My question - Divorce petitioner had applied for the divorce which respondent accepted. He applied for decree nisi after which he also gave the undertaking that he would not apply for the decree absolute until financial matter is resolved but now his solicitor is not acting on his behalf I had a question - cn he apply for decree absolute and what are the repurcussions
Good morning and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be happy to offer some guidance.The simple answer is 'yes," he can apply for the decree absolute 6 weeks and 1 clear day after the decree nisi despite having given an undertaking.The repercussions are that, if he died after the decree absolute but before you'd reached a financial settlement, you could potentially lose an entitlement to a pension share and other assets.You could try and draw the court's attention to any written undertaking he gave. File it with the court on the divorce file. There's very few occasions when a court can refuse the respondent's application and it's always considered on a case-by-case basis.
Customer: replied 5 days ago.
Is there any chance of reversing the decree absolute if he has applied for one ?
Customer: replied 5 days ago.
My query what should I do be doing - I can think of 2 options - 1. Ask him undertaking once again as solicitors are not acting for him now. if I do not receive undertaking, then file an application with the court ( file that he is not giving undertaking now and hence decree absolute should be delayed)
2. Apply for D11 now itself ( but not sure if he might revert on the application saying he had given undertaking through solicitors and I am unnecessary starting legal procedures.
I'm afraid once a court pronounces the Decree Absolute, it will not be set aside unless there has been some procedural or other irregularity (which is also a basis upon which orders of the court can be appealed).
Customer: replied 5 days ago.
Thanks for your response - My query what should I do be doing - I can think of 2 options - 1. Ask him undertaking once again as solicitors are not acting for him now. if I do not receive undertaking, then file an application with the court ( file that he is not giving undertaking now and hence decree absolute should be delayed)
2. Apply for D11 now itself ( but not sure if he might revert on the application saying he had given undertaking through solicitors and I am unnecessary starting legal procedures.
Ultimately, there's very little you can do unless you've got some leverage over an asset. For example, he might be desperate to sell but you're still living in the house and refuse to consider a sale unless he gives a written guarantee he will not apply for a DA.
Customer: replied 5 days ago.
he is desperate to sell the house yes. but I am not agreeing to it until finance agreement reach. If he applies for decree absolute what happens to the joint owned property ?
Customer: replied 5 days ago.
he is living in the property
Nothing would happen to the joint property if he applied for DA early. Your names would still be on the mortgage and both of you would still be responsible for paying the mortgage. Often, when couples start divorce proceedings, they will 'sever the tenancy' (also known as a 'tenancy in common') which effectively means that you and your husband would own the property in specific shares (normally 50:50 until the divorce settlement is concluded) rather than both of you owning the property as a whole.In fairness, severing the tenancy is more relevant if one of you were to die before you divorced. The deceased’s share would not automatically pass to the other owner as it would if you were still married and joint tenants (rather than tenants in common).
Customer: replied 5 days ago.
if decree absolute is pronounced and we have joint tenancy, is there likelihood of ones' share transferring to other as part of joint tenancy although they are not husband and wife or it automatically becomes tenancy in common?
If decree absolute is pronounced and you have a joint tenancy it will remain a joint tenancy upon decree absolute unless you sever the tenancy or sell the house.
Customer: replied 5 days ago.
Many thanks. After the decree absolute ( excluding the death incident) will I lose an entitlement to a pension share and other assets or it would remain unchanged ( as pre -decree absolute) and absolute only affects in the vent of death ?
What you must bear in mind is that the pension fund terminates on the policy holder's death and therefore before any agreement to pension share came into effect. If he applied for the decree absolute and subsequently died, your entitlement toba share of his pension is at risk. You might end up having to make some sort of inheritance claim upon his estate which would be very messy and very expensive.
Customer: replied 5 days ago.
thanks Jeremy. if he does not die, then the pension should not be at risk , isnt it and the share distribution should happen as normal. is my understanding right?
That's correct. Provided he stays alive you're fine!
Customer: replied 4 days ago.
Many thanks. My case might be need based case. So my query is If he gets remarried he is likely to claim more for his needs (claiming increased monthly expenses,50 per at least of house share, pension share and other assets) is it ?
No. If he gets remarried, he will pool his resources with any new partner. Arguably, his needs will be less.Thank you very much for all your questions and using Just Answer. I'm genuinely glad to have assisted. Kind regards, J
Customer: replied 4 days ago.
Currently my income meets my expenses (we ae relatively young in the age bracket of 42-43) .Can I apply for nominal spousal maintenance of annual 1/5 p .. will the court be still insistent on the clean break with no provision of 1/5 p until the child is 18.. I would like to keep it nominal spousal maintenance ( until child is 18 - currently my daugther is only 1 year old) also my prospects may not be same as current income.
That seems a sensible proposal. Thanks for the question. Kind regards, J
Customer: replied 4 days ago.
Thanks Jeremy so do you think court is likely to be okay with my proposal. In your experience does that actually practised in the court in financial settlement when the children are very young and mother is working but earning a little less than husband ?
I haven't seen the disclosure in this matter so I can only offer general advice. With young children and an income differential, there is no harm in having a nominal maintenance order. It is fairly commonplace.I'm assuming you have a solicitor or have taken some initial advice if you're considering nominal maintenance.If you'd like to this discuss this matter further, I'm very happy to offer a telephone call.Kind regards, J
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