Advertisement

loader

Talk

Advanced search

Can husband stop Decree Nisi application?

(6 Posts)
Lovesdogsmore Sun 01-Oct-17 11:56:54

I separated from my EA and controlling husband over a year ago and started divorce proceedings in Spring this year. He ignored all solicitor letters and evaded divorce petition so I was able to obtain deemed service by the court to proceed to Decree Nisi stage ( huge relief!).
Now that the application has been sent to Bury St Edmunds I am keen to get husbands consent to a clean break agreement. A solicitors letter was sent to him and now he wants to defend/stop the Decree Nisi application and is refusing to agree to any consent order.
It was a short marriage with no children. The house is in my name and purchased 5 years prior to marriage he has his own property (living with new woman) and a significant pension but thinks he's entitled to my house.
Can he stop the Decree Nisi application at this stage and make a claim on my house?

llangennith Sun 01-Oct-17 12:03:48

He can try but I doubt he'll succeed. He's reluctant to give up controlling you isn't he?
Speak to your solicitor to get the advice you need.

babybarrister Sun 01-Oct-17 20:54:51

Message withdrawn at poster's request.

Lovesdogsmore Mon 02-Oct-17 13:59:33

Thank you for the comments.
Babybarrister as I am divorcing an abusive husband on unreasonable behaviour grounds, if he were to make a claim on my pre-marital home (my only asset) - would the court not take his financially controlling behaviour in the marriage that left me in serious debt into account?
He is unlikely to ever complete a form E and provide full disclosure, in his view what is mine is his and what he owns is also his. Still feel trapped by him so frustrating

butterfly56 Fri 06-Oct-17 16:40:02

You being the petitioner can apply for the Decree Absolute 6weeks and 1day from the date of the Decree Nisi.
He would have very little chance of stopping the decree Nisi or the Decree Absolute.
Finances are treated separately and as you have no children there should be no reason he can come up with to delay your application for the Decree Absolute.
In cases of short marriage with no children the premise is that each leaves with what you brought to the marriage..i.e. you have your property and he has his property.
wikivorce is a great online forum to get more advice and support.

babybarrister Fri 06-Oct-17 17:31:53

Message withdrawn at poster's request.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now