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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 6399
Experience:  LLB (Hons)
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About to make a Decree nisi to Decree absolute, Leicester, I

Customer Question

Hello
JA: Hello. How can I help?
Customer: About to make a Decree nisi to Decree absolute
JA: Where is this? It matters because laws vary by location.
Customer: Leicester
JA: What steps have been taken so far?
Customer: I got a copy of decree nisi and write to court, but no response
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is my first time here How does it work
Submitted: 14 days ago.
Category: Law
Expert:  SASH_Law replied 14 days ago.

Hello, how are you today? 


My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.


Please confirm that you have read and understood this message and then we can begin.

Customer: replied 14 days ago.
Hi Lea, my name is Warin
Customer: replied 14 days ago.
I have read and understood this message
Expert:  SASH_Law replied 14 days ago.

Hello Warin

Are you the petitioner?

Customer: replied 14 days ago.
No, I am respondent on my decree nisi
Customer: replied 14 days ago.
We got Decree nisi in 2015,
Customer: replied 14 days ago.
But we never applied for decree absolute
Expert:  SASH_Law replied 14 days ago.

What have you both been doing since 2015?

Customer: replied 14 days ago.
Since 2015, we have been seperated. Have lived in seperated homes
Customer: replied 14 days ago.
I now have a new family, I got a daughter, who is 5, with my partner
Expert:  SASH_Law replied 14 days ago.

Why didn't the petitioner apply for the decree absolute?

was there a financial settlement?

Customer: replied 14 days ago.
He did not know that he had to do or maybe he just top busy. He is a company director.No, no financial settlement
Customer: replied 14 days ago.
We both have separate life. We have never been back together
Expert:  SASH_Law replied 14 days ago.

That doesn't make much sense - are you certain he did not apply for the decree absolute?  Have you checked with him and with the court?

Customer: replied 14 days ago.
I checked with him. I asked for a copy of decree absolute from him. He said only a copy he has is a copy of decree nisi.No, I have never checked with the court if the Decree absolute application has been made or not.
Customer: replied 14 days ago.
In July, I wrote an email to Spoke on Trent court to ask for a copy of Decree Absolute. Stocke on Trent court emailed me back saying that based on their record my case was at West Midlands Court, but now it is closed. My case might be at Bury St Edmunds court
.
Customer: replied 14 days ago.
I have tried to ring Bury St Edmunds court, but I never got reply. I emailed them, no reply
Customer: replied 14 days ago.
this is where I am today
Expert:  SASH_Law replied 14 days ago.

You're going to need to do a search to double check that the decree absolute was not already pronounced.  You need form D440, and can check from 2015 to the current date.  This is the only sure way to know whether the DA has already been pronounced.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958048/d440-eng.pdf

If it hasn't been pronounced, you will need to apply on form D36 for the decree absolute - BUT you will have to write a formal witness statement explaining why there has been a seven year delay in making the application.  You need to include details of the following:

  • Whether you have lived together since the decree nisi was made, and, if so, between what dates.
  • If you are female, whether you have given birth to a child since the decree nisi was made and if so, whether you allege that the child is or may be a child of the family.
  • If you are male, whether you have any reason to believe that the respondent has given birth to a child since the decree nisi was made, and if so, whether it is alleged that the child is or may be a child of the family.

The court will review your application at that stage and make a decision one way or the other.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/952032/d36-eng.pdf

Customer: replied 14 days ago.
Thank you, ***** ***** follow your advise
Expert:  SASH_Law replied 14 days ago.

You're welcome, glad to assist.

Expert:  SASH_Law replied 14 days ago.


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