Hi all,
I have an issue whereby it has proven impossible to trace my missing wife.
We have been seperated for over 30 years, having been married for 20 months, no prior co-habitation, no children.
We had a house which was in joint names with a joint mortgage, which could not be sold, remortgaged etc because it was in joint names and because my spouse was missing could not sign anything etc. Despite me paying for the mortgage for the whole term, it was agreed by myself and the mortgage company, that the house would be sold by auction, after effectively being repossesed. It was the only action that could be taken as I had no way of redeeming the joint arrangement. After paying the small outstanding mortgage from the auction proceeds, there is a lump sum of approx £130k, which is now being held by the court, since 2023, pending the resolution of the divorce.
I also paid the deposit, stamp duty etc to purchase the house in the first place.
I have since purchased a new house in my sole name in 2014, with a £14k mortgage outstanding in my sole name, in which I live.
As part of our seperation we did obtain a seperation agreement, from a solicitor (signed, witnessed etc) in 1994 that actually detailed the financial arrangements that we would seperate with. I paid the agreed funds and transferred assets to her, although the
marital home, having no equity at that time, was agreed to be transferred to me solely. This did not happen and she has not been tracable since.
I have been through the entire process to obtain a "deemed service certificate", from start of Aug 2024 and have applied for the Conditional Order straight after. It has taken 24 months to get to this point. All attempts have failed to trace her, including the Court ordered use of Government resources (DWP etc).
I have now retired and have an annual pension income of around £30k.
I cannot find any examples of what needs to happen to obtain the necessary Financial Order to release the lump sum fund from the Court and provide some form of "
Clean Break", when a spouse has been shown to be missing for so long after a very short marriage, and every attempt has been made to find her, to enable the
divorce application.
Obviously this will need to be some form of "contested" FInancial Order and the
mediation stage cannot be undertaken.
Similarly the "
form E" will be available from me, not from my missing spouse and there is no way to contact her, as previoulsy shown, for any Court ordered action.
I can also provide the Court with the certified "seperation agreement" previously mentioned.
Any experiences or direction for this type of scenario would be gratefully received.
This has taken decades to try to resolve and is an absolute millstone!
Thank you in advance for any insight.