Decree absolute and will it ever happen

[Rosapilosa]

Hello,

I've posted before - DP and I went to get our paperwork together so we could get married and he realised his exw as the petitioner has never applied for the decree absolute. What a great day that was.

ANYWAY. They started from scratch and exw eventually signed the paperwork, and the Nisi is due to be pronounced on the 22nd.

Obviously, the divorce won't be contended our end, but is there any chance of anything going wrong between here and the absolute? We are assuming she won't apply for the absolute as she 'struggles with paperwork' so we will need to wait the 19 weeks.

Another issue is that she is refusing to sign a clean break order. They have been separated for 8 years, my partner and I have been together for 6 and we share a mortgage. They have a son together who lives with my partner and I full time. DP will be coming into a large inheritance when his mum passes away. What is the likelihood of exw being able to have access to any of DP's assets?

Have you had separate independent legal advice to your DP it sounds like you may need it.

Your DP also needs his own legal advice as there is a substantial amount of money involved.

At present, she is his wife and therefore couid have a financial interest in your house, his inheritances, everything he owns or partly owns.

Get proper advice. Assets acquired after the separation are often not in the 'pot' to be divided, but you really cannot afford to leave this to chance.

You really need that financial order.

@RoseAndRose is bang on. Getting divorced without a clean break is a nightmare...ask the boss if EcoEnergy whose ex wife of 20 plus years ago came back and took him to court for a lump,sum. Unless she remarried he won't ever be true financially separate

Personally I don't think courts should allow,people,to,divorce without a financial order being in place.

It sounds like you need reassurance. It might be sensible to take legal advice. You can get free advice from this website: freesolicitoradvice.co.uk/ I hope you find out your position.

Thank you everyone. It is much appreciated.

Does anyone know - if the absolute goes through without the clean break order, does this mean it is final or can the clean break be done afterwards?

Gosh this is making me anxious.

Can be done after but not a good idea if one party is reluctant

If this doesn't make you act, nothing well. I know of a case where the ex wife tried NOT to have a settlement as she knew he would progress and wanted to do the financial settlement later on. He had a good solicitor though

www.ft.com/content/1ead640a-2efa-11e6-bf8d-26294ad519fc

If you divorce with no financial order, it can come back and bite you in the bum years down the line.

Do not let it slide any further.

And do not marry before it is done, even if the divorce has come through