Matrimonial Home Rights on Decree Absolute

[n1cknack]

hi,

Decree nisi has been granted and its now the 6 week wait. The grounds were unreasonable behaviour. The property is in the sole name and sole mortgage of the petitioner. The respondent is in the property and has placed a matrimonial home rights on the property after separation.

Can anyone advise, what happens to the matrimonial home rights on issue of the absolute? The respondent will not enter into financial discussions at all even though the petitioner's solicitor has requested financial disclosure etc.

Any advice about getting the financials sorted?

Thanks

My solicitor strongly advised not applying for decree absolute till the financial consent order was resolved. As I understood it the DA brings no financial decisions, but does allow parties to remarry that can significantly muddy the waters.
All the advice on here I have ever seen is get financials done before DA even if you have to wait. I'm still waiting 15 months after DN.

To answer your question, the rights expire on DA. The petitioner can send a copy of the DA to the Land Registry and they'll remove the notice.

Thanks for your replies. Can the respondent stop the notice being removed or indeed stop or delay the DA being given? Can the respondent remain in the property?

What fact is the petitioner relying upon?

Unreasonable behaviour

The High Court has an inherent jurisdiction to delay DA but its powers are rarely used.
Instead you can apply under s33(5) of the Family Law Act 1996 for an order that your right to occupy is not lost on DA.

That sounds right above. Most of us are advised not to go for decree absolute until there is either an agreed consent order or a court order on the finances. You may want to delay DA and push the financials through the court process if the other party will not discuss them, to get it finalised before DA. My ex was advised not to leave until DA and house transfer to me and mortgage ni my sole name and large payment by me to him. The day after all that was done he left.

Once the DA is granted then the Notice can be removed on application as mentioned and explained in our online guidance
www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996#application-to-cancel-a-notice

As the marriage is then annulled the rights cease so the respondent could not then prevent the removal

Divorce hell
I’m divorcing my husband there’s been domestic abuse mainly not physical and my decree nisi has been granted he refuses to leave family home and we are both on the mortgage I applied for divorce Jan 2018 and he only responded at Xmas my decree nisi is through this coming Friday but my court date for financials is not until 2 August he won’t get out and I’m going through hell and the effect on my kids is awful I’ve applied for occupancy order but judge refused it and the thought of him being here until Autumn/ Xmas is unbearable I can’t force him to leave as we are both on mortgsge and land registry anyone any ideas ? We sleep
In seperste rooms do not speak , he has no
Interest in youngest two children and it’s toxic the delay in family courts is awful help !
K