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My frail DF is in limbo waiting for divorce to be finalised due to delays. Is there anything I can do to get an update?(3 Posts)
Pre covid my DF was part way through a divorce. His almost ex wife was from a different county, and much younger and once his health started failing she decided she would like a divorce and went home. The ins and outs all of this are probably for a different thread!
I apologise as I'm unfamiliar with how the process works, and Dad's solicitor will understandably not speak with me due to client confidentiality (although o do have power of attorney but that's not helped) . However, he is elderly, increasingly frail, forgetful and becoming confused and depressed. We need for him to sell his home and move closer to where I live so I can support him, but he refuses point blank to consider this until his divorce is finalised.
He knows that the settlement was agreed by both parties, papers filed well over a year ago, and that it has passed the first 'stage' in court and is awaiting a second element involving the court judges sign off?
He is terrified that during this final stage a judge might consider the settlement to be unfair causing him financial hardship- hence his insistence on not moving and living as frugally as possible (no heating, minimum spending on food etc.).
Does anyone know if there is any way of finding out how long it might now be before things can be finalised?
I realise he is not blameless here but I want to make this time more comfortable for him. The settlement is generous as far as I can see, but he is worried as it's not 50/50. She is 30 years younger, is very comfortable, and wanted for nothing during their 10 year marriage during which time she did not financially contribute.
Any thoughts would be gratefully received.
Sound like he has his nisi (first stage) but is t clear on his absolute (final stage) has his solicitor confirmed this has been filed? It can only be done 6wks and 1 day after the nisi.
If you know the case number and court you could call then or I think there is info on www.gov.uk/copy-decree-absolute-final-order
Could you arrange a call with your DF solicitor and be with him and him verbally consent to you being there and asking questions?
You say he is frail and forgetful. Has anyone assessed his mental capacity on this one? Power of attorney only kicks in if he lacks capacity but the assessment has to be decision specific.
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