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Urgent advice needed

  • mango
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05 Aug 08 #37677 by mango
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I called the Court and they said that our Decree Absolut is granted. I called this number on the top of this page and they said even we are officially divorced he can't kick me out without the Court order. So he can't also remove my matrimonial home Note from the Land registry without Court Order.

  • mango
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05 Aug 08 #37681 by mango
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Obviously its not true about financial matters sorted first before applying for Decree Absolut.

  • Mrs Ingledew
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05 Aug 08 #37688 by Mrs Ingledew
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You can obtain an absolute without the finances under English Law.

The absolute refers to divorce/marriage side the finances the ancillary side.

The reason you are advised not to apply for the absolute before the finances are sorted are because the person who goes for the absolute forfeits any rights to pension and SM from the other. But the other party can still get pension abd SM from the one going for the absolute.

I went for my absolute earlier this year for 2 reasons 1) because my ex has the same pension as I and I will never be awarded SM as he does not work and 2) because i wanted to complete that part of my divorce.

You can have a restriction placed on the house (this may be where the confusion has arisen) that neither party can sell without the others permission.

So if your ex has gone for the absolute that means he cannot come after you for pension or spousal maintenance. And on a positive note your are now young free and single!!

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05 Aug 08 #37692 by mango
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"You can have a restriction placed on the house (this may be where the confusion has arisen) that neither party can sell without the others permission."




How I can put a restriction on the house?

  • Hazel1
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05 Aug 08 #37701 by Hazel1
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Hi Catty
Do you have your own solisitor on boared!

  • mango
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05 Aug 08 #37733 by mango
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My solisitor are useless! She is in annual leave until 12 of August. Before she was ill almost for 1.5 months. She is doing nothing. I dont know what to do in my situation.

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05 Aug 08 #37748 by sexysadie
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I don't think it's true that you forfeit rights to pension and spousal maintenance by going for the absolute. What you do lose is widow's/widower's pension.

Sadie

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