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What are we each entitled to in our divorce settlement?

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Separated under the same roof

  • mdh0410
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30 Mar 12 #320799 by mdh0410
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Hello - hoping someone can advise or help

I''ve been advised that whilst the judge will agree the Decree Nisi whilst living separately under the same roof, they will put a bar on the Decree Absolute until we are living at separate adresses. Also if it goes past a 12mth period, I''ll have to pay another £45

Anyone come across this before? I''ve never heard of this before, everything Ive searched states you can live separately under the same roof and still get divorced although you have to confirm the usual that you have separate bedrooms, eat separately, dont do domestic chores for each other, dont watch TV together etc.

Its proving extremely difficult to sell the property right now as their a properties up for sale in this area that a £20k lower than I would need to sell for so I think its probably going to be another year before it will sell at the earliest. On top of this I have been made redundant recently, therefore even if it could sell, I would be reluctant because I would not be able to rent anywhere else.

Oh and s2bx wont move out until it is sold!

Any advice would be appreciated

Thanks

  • jonathancj
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30 Mar 12 #320802 by jonathancj
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I wasn''t aware that the court would insist on physical separation before granting DA. I''d be interested to hear what rule it''s based on. I''ll ask around to see if there''s any truth in it. Yes, if more than 12 months elapses, you have to make an application supported by evidence - you''ll find details in the FPR. However, applying for DA always results in an additional fee no matter when the application is made.

  • livinginhope
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30 Mar 12 #320804 by livinginhope
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I was told that Absolute wouldn''t be granted whilst we were both still in the same house.The answer seemed to be that it was up to individual Judges to decide if they would or wouldn''t grant the Absolute in those circumstances.It seems to be a Post Code lottery and extremely unfair to me.

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30 Mar 12 #320808 by queeni
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hello

I was in the same position as you, and I feel for you :(I had to endure the same situation for 3 1/2 years!!! - whilst my nose was getting well and truly rubbed in it :angry:

But to answer your question, I was divorced from ex for 18 months yet still lived under the same roof so the answer must be yes you can get the DA whilst still living under the same roof. It was never an issue with the court.

best wishes to you and good luck :cheer:

  • mdh0410
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30 Mar 12 #320812 by mdh0410
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Thanks Guys,

Hopefully my postcode will have a judge that will grant the DA then - really hope so!!

I''ve just emailed my solicitor again to query that other people have had their DA granted whilst still living under the same roof as it was him that advised me that it wouldnt be granted rather than it ''may not'' be granted.

Suppose I had better part with my money now!

Thanks again
M x

  • cookie2
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30 Mar 12 #320828 by cookie2
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It''s nothing to do with postcodes.

It is not necessary to be living apart for the Absolute to be granted. But as usual it depends on some factors.

In most circumstances, no hearing is required for the granting of the Absolute. It is purely a clerical task. If the Petitioner walks into a court with an application for Decree Nisi to be made Absolute, then he/she can often walk out 5 minutes later with the absolute in hand. The judge cannot refuse to grant it due to non-separation, because the judge is not involved at all, and the court counter staff don''t give 2 hoots about this kind of thing.

However of course there are complications. If for example, the absolute has been blocked pending the outcome of financial issues, then the judge may have a hand in the matter. Also if the respondent applies for the absolute, there will be a hearing, at which the judge may insist on physical separation.

If your solicitor tells you that youo cannot get the absolute until you are physically separated then I would believe him/her. Your solicitor knows all the facts and circumstances of your case. Solicitors are seldom wrong about this kind of thing.

  • mdh0410
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30 Mar 12 #320831 by mdh0410
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Well this is why I queried it on here as I havent filled in all of the details and sent them off to my solicitor yet, They only know that we are living separately under the same roof, but that is all - they have no other details yet so with out the all of the facts, I was wondering how can they advise this?

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