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Decree absolute

(7 Posts)
Tinnah Tue 20-Jun-17 00:22:56

Hi,

Was here sometime early in the year, back again. Some help from the more knowledgeable will be thoroughly appreciated.

Yes I'm aware I should go to a solicitor but at the same time trying to cut costs. I'm doing 'pay as you go'.

To cut the chase, decree absolute is out. I never had time to sort out widow's pension - not that I think they will die before me. He wanted to move things really quick so I could get me out of the house. I submitted Form A after absloute. Property is in his sole name though bought after we got married. My home rights I believe/think came to an end with the release of decree. May be not financial rights.

His sol has given me notice to vacate property or will seek re-possession through court. I'm waiting to be taken to court so I can argue my case that financial matters need to be settled before one of us can vacate property - him.

Have given him my proposal, 100% share of house, £5000 monthly pay + 50% pension which I guess I'm not currently entitled. My salary and dividend was close to that amount before he took over company and transferred all clients to his rival company. I will not make a claim in a property in another European country inherited from his parents.

I literally do not have a job, all work inquiries he has diverted to his company. I know this just working on concrete evidence. I'm currently looking for a technical person to carry on working. He said I will suffer, that my good life is over.

Not interested in revenge, just want to be sure I have roof over my head, food on my table bills paid etc.

My questions:
1. Can I apply to set a side absolute, if so on what grounds and what are the chances of success. I understand the reason cannot purely on the facts that I'm prejudiced
2. Can the court actually aske me to vacate property while settlement is ongoing.

Any help will be thoroughly appreciated.

Tinnah Tue 20-Jun-17 00:26:24

Sorry didn't realise how long that was.

BloodWorries Tue 20-Jun-17 01:35:24

Nearly choked on my tea when I saw £5k per month... I've never understood how this works. Exactly what/why are you entitled to this? Not saying you aren't, just something I don't understand (and hopefully will never have to).

But actually, I'm of no help to you. Sorry. If £5k per month is what you need to cover the very minimum surely you can afford a sit down with a solicitor though? Or am I missing some more information?

OliviaBenson Tue 20-Jun-17 02:28:50

I'm sorry but you need the advice of a solicitor on this. Not paying could cost you far more in the longer term.

MrsBertBibby Tue 20-Jun-17 06:59:36

No you can't set aside DA.

Apply for an Occupation Order preventing him from evicting you (form FL401, statement setting out your case, no court fee).

See a lawyer. Seek advice on claiming interim periodical payments from him.

Tinnah Tue 20-Jun-17 09:28:11

BloodWorries, I would have choked on my tea too if I didn't know the details. But as it were that's what I would have been earning with an increase in dividend. Yes I would afford to sit down with a solicitor if like you I didn't know the details. Thanks for your contribution all good.

Thanks OliviaBenson. Yes trying to cut costs on solicitor. Doing some of the things myself.

Tinnah Tue 20-Jun-17 09:31:21

Thanks MrsBertBibby, this is good news, didn't know about this form.
Downloading straightway heading to my local county court in a shortwhile.

Thanks thanks. Bless.

More views from the legally trained or experienced group membes please.

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