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Help! Received letter saying divorce absolute

  • wellingtonwillow
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16 Jul 12 #343609 by wellingtonwillow
Topic started by wellingtonwillow
I tried a solicitor over a year ago when my husband filed for divorce. I want to divorce
2 weeks ago I received a letter with no address or contact details which says
" In the High Court of Justice Pricipal regitry of family division

Referring to the decree made on 3/5/12 whereby the decreed that marriage solemised onXXXXX (over 20 year ago)

Between me and husband

be disolved unless sufficient cause be shown to the court (aside - he filed in London, I live 100 miles away and have had a nervous breakdown and there is no way I can get there) within 6 weeks from making whereof why the said decree should not be made Absolute and so such cause having been shown, it is hereby certified that the said decree was on 10/7/12, made final and absolute aid said by marriage was therebu dissolved''

I am in a panic, I spent my life savings on a solicitor last year but all was spent on writing letters to his solicitor, we tried mediation but it didnt work - he is violent and mentally and physically abusive and so it didnt work

He is a high earner, I have 9 kids (in care due to nervous breakdown) which I need back, I work from home but my income is small and I am too stressed to work much. Husband and his new partner earn over £100k gross per year and I am on WTCs and have spent my savings on doing up the house so social services are happy.

I cant get legal aid due to positive equity in the house, my builder has done a runner with my money and I made an appointment with a solicitor locally this week but she has cancelled as she is not in the area and is busy

Does this letter mean I can appeal - but to who? I was self repping but husband''s solicitor doesnt reply to my letters ever.

I need to sort this ASAP but cant function as need to sort spousal maintenance, move the court case closer, sort out child maintenance (CSA pays only for 3 kids and I have 8 under 18)

Please can anyone offer advice who to contact

Thanks!

Jane

  • .Charles
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17 Jul 12 #343681 by .Charles
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Did you receive a divorce petition at all? If you remain in the former matrimonial home the court will have received your contact details from your husband who will have sent the petition to you. If you did not respond, the divorce can be progressed to the Decree Nisi stage which is where you are at now.

Charles

  • NoWhereToTurnl
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17 Jul 12 #343696 by NoWhereToTurnl
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Hi Charles,

From reading the post, it appears to have been made Absolute on 10/7/12, would she not be better applying for AR?

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17 Jul 12 #343770 by wellingtonwillow
Reply from wellingtonwillow
I received a Petition April last year. I was with a solicitor at that stage so she replied to it
I received no other correspondance from the court since.
I emailed my ex''s solicitor (many times!) with questions and also stated I was self repping as I cant get legal aid and have no money. He refuses to reply to me as my ex has instructed him to ignore my letters

Thanks for replying!

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17 Jul 12 #343780 by .Charles
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NoWhereToTurnl wrote:

Hi Charles,

From reading the post, it appears to have been made Absolute on 10/7/12, would she not be better applying for AR?


Ah yes, that would appear to be the case. My mistake.

Applying for Ancillary Relief appears to be the most appropriate course of action if there are assets to be divided.

In relation to the other side''s refusal to communicate - the solicitor cannot act upon instructions not to communicate. If they have been informed that you are acting in person, they must communicate with you if they are to progress matters.

Charles

  • wmorris2
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17 Jul 12 #343783 by wmorris2
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Indeed and that can be good in some cases. My ex got the childrens names changed claiming I was uncontactable. But when it came to light her sol had been talking to me as I was LIP the judge reversed it and slapped her wrist pmsl

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17 Jul 12 #343787 by cookie2
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However if he simply does not pay his solicitor, they will not reply to you.

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