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Decree absolute

  • Miky
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14 Feb 08 #13873 by Miky
Topic started by Miky
Hi, I am new here. I was helpless untill I found this forum.
My partner been granted decree naisai in 18th oct 2006.his lawyer informed him that his ex should apply the decaree absolute in 6 weeks time but it is not normal practise untill the financial settlement over she wouldnt do this.

Thats the only information we received about Decree Absolute.after that solisitor and the other party was very busy in solving pension and property.

Recently I found that if she do not apply he been the respondent could apply after another 3 months.
according to the HMcourt web site if it is more than 12 months old he should write a affidevit to say reasons for the delay.Now at last he did that but becauses his lawyer did not update him correctly he is back ward to apply he wanted to tell the lawyer.But I said it is sucha simple application and nothing else to do than writing his own affidevit if he aproach the lawyer for that I was not sure that she would look into his interest.
Honestly I understand his lawyer is trying to mint money from him therefore she support his wife to drag this matter as much as possible (his wife do not wish to have a divorce though she has asked for a divorce for the 3rd time in their marrage this time.

Could any body tell me is there any chance that this application would have declined by the court?
If he do not apply for the decree absoulte now is there any chance that decree naisai be invalide.

  • Vail
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14 Feb 08 #13888 by Vail
Reply from Vail
Hello Sujaya,

The Decree Nisi stays for ever until it becomes a decree absolute on application. I don't know whether it can be anulled but as I understand it, it doesn't lapse with time.

The affidavit explaining the reason for a delay in over a year in applying for a decree absolute is lodged with the application for the absolute. It is pointless doing it any earlier.

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