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re: decree nisi

  • ssoria
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17 Sep 11 #288305 by ssoria
Topic started by ssoria
I filed for divorce in 2008, and it took till last few months to get shared residence for my son who is now 13. The financial matters are on hold while the court has not yet ordered tha sale of the house the last communication with ex2be was that he offered me 55% which I refused as he had remortaged our family home using undue influence and used the 100k for ??? i havent heard anything from my solicitors yet. I have recently met someone and we wish to get married very early stage :silly:atm...but i would like to know incase things get more serious...:cheer:..can i apply for Decree Nisi..and Decree Absolute now??..or the house ahs to be sold then only i can be divorced??

  • Fiona
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17 Sep 11 #288313 by Fiona
Reply from Fiona
You can apply for the Nisi, if you haven't already. Applying for the Absolute may leave you financially disadvantaged because you wouldn't be entitled to a widow's pension death benefit and matrimonial home rights would end. Also you need to be aware of the remarriage trap which bars anyone who has remarried from making a new application for financial orders. A solicitor can advise about the effects of the absolute given your particular circumstances.

It's great you have met someone, you deserve some happiness, but given the problems with your son I would be careful not to upset the applecart and take things very slowly as far as he is concerned.

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