2006-11-28 22:13:42 · 3 answers · asked by lassfrmwigan 1 in Family & Relationships ➔ Marriage & Divorce
I av been wiv my fella for 2yrs now..n he has an 18yr old son living wiv him. He has been going through a divorce and has recieved his decri nisi..his soon to be ex wife plans to re marry..n has now asked for a lump sum of £26,000..she has already had £20,000 of him when they first split up...can she do this? He made an application for his decri absolute but has now withdrawn this...so is he still married?
2006-11-28 22:19:24 · update #1
If there has not been a financial consent order between them, sealed by the court, her claims on him (and his on her) are still "live" and she can keep coming back asking for more money. That's why he needs a solicitor. you would be amazed the difference it makes when the "other side" knows you have a solicitor. As for remarrying - until he has decree absolute, he is still married. Why did he withdraw his application for decree absolute? If his ex is planning to remarry, it may have been to put pressure on her to be more reasonable over that lump sum she's asking for. Without the decree absolute, she definitely can't get married again. I was a legal secretary for some years, and we used to get calls from people saying "Can you get my decree absolute for me? I'm getting married on Saturday!" We used to have to tell them they were NOT getting married on Saturday. It is only possible to apply for the decree absolute six weeks and one day AFTER pronouncement of the decree nisi. I think I have heard of a case where the court agreed to grant the decree absolute early because the bridegroom was not expected to live more than a few days and he wanted to marry his partner. They were married in hospital I believe, but he died a day or two later. Unless the circumstances are this extreme, there is that 6 week wait. Once it has received the application, the court usually takes between 2 days and about a week to process the application.
Are you certain your man withdrew his application? How soon after making the application did he do that?
2006-11-28 22:58:43 · answer #1 · answered by Specsy 4 · 0⤊ 0⤋
you have to have a decri absolute, you need it for proof so you can remarry,
2006-11-28 22:26:04 · answer #2 · answered by timmie 2 · 0⤊ 0⤋
Why are you in such a hurry?
2006-11-28 22:19:44 · answer #3 · answered by Liz 7 · 0⤊ 0⤋