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apply for absolute but nisi was over 4 years ago

  • Bemused1
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03 May 18 #501341 by Bemused1
Topic started by Bemused1
Hi never thought I would be back on this very helpful site but,I was petitioner with no solicitor and filed for divorce in 2013.I got a letter saying, nisi had been granted later that year. we had final hearing and financial order was made in 2014.I was given 8 years to sell marital home and give him 30% .I sold it early with his full consent in 2016 and paid him all money due.As ex got engaged in 2015 and used a solicitor during the divorce and the selling of the house I wrongly presumed it was all finished. I had no fixed abode after house was sold and moved around a lot so was not concerned that I had not seen the Decree Absolute .I have just been contacted by a member of his family that he wants the decree absolute.It turns out he did not apply for it even though he said he did.It has been suggested that he will ask for financial compensation from me for my delay in getting the absolute unless I apply now ? Surely his solicitor would have told him he could of applied in 2015 ! do I have to do all of this ?? he is the one who wants to get married not me. The divorce was messy and we have had no contact since 2016.
Any advice please

  • hadenoughnow
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03 May 18 #501343 by hadenoughnow
Reply from hadenoughnow
Welcome to wikivorce. I would suggest this was his problem rather than yours. He was at liberty to apply for the Decree Absolute at any time after 3 months and one day from the nisi being granted.

Whoever applies, I think you would need leave to apply out of time and would need to explain the delay to the court.


  • Bemused1
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04 May 18 #501350 by Bemused1
Reply from Bemused1
thanks for reply , to be honest he will lie about everything , he was unwell in 2016 but that was still way too late to apply .I don't have a good excuse I wasn't bothered about it at the time and was not in a good place mentally, also as a)I have no intentions to marry b)he was engaged and needed it and c)I presumed he had applied as he used a solicitor when I sold the house and gave him his money .
I have now found out that the financial order only becomes law when absolute is given . I am wondering if I lost out in that case?
I have no money no job or property now so if they fine me , I just can't pay ... rather worried to be honest :(

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