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Never received a Decree Absolute

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  • Never received a Decree Absolute

    Friend of mine received a letter from her solicitors asking her to come in & see them & to bring along all her paperwork regarding her divorce from 14 years ago, when she got there she was asked if she had ever received the Decree Absolute from them. Going through all the paperwork it appears that it was never issued.

    They say they are now sorting this out but what are the possible repercussions of this error, the ex has now gone through another marriage & has a child by his 2nd wife (if she is his wife)
    Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.
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  • #2
    The Decree Absolut has to be applied for after the Decree Nisi ( 6 weeks I believe). Have a look here https://www.gov.uk/copy-decree-absolute-final-order to get a copy IF it was issued. How much it costs depends on how much is known ( court, date, number (should be on the decree nisi )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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    • #3
      Sorry, repercusions, well if she never remarried, none for her.... but her ex might be in a bit of bother - though he should have had to produce his decree absolute before marrying. Did her solicitor say WHY this had come up?
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        TBH she was so astounded they may have said but she didn't take it in, she's going back next week I think so maybe in a clearer mind, her only problem is now that her ex is now reluctant to come into the solicitor's office as he thinks the Police will be waiting for him. Trying to explain he's better to come in sooner rather than later is falling on deaf ears currently.
        Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

        Comment


        • #5
          Hi Phaeton,

          The procedure to obtain the Decree Absolute will involve providing an affidavit to the Court as more than 12 months has passed since the nisi was granted. The rule is here https://www.lexisnexis.com/uk/lexisp...-giving-notice at 7.32(3) and 7.32(4)

          That doesn't however answer the issue for your ex and his remarriage. From personal experience I had to produce my absolute before I could marry again so I don't know how his marriage has gone ahead without an absolute.
          Sorry no answer but I will keep looking and repost if I find anything else.
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #6
            Hi again,

            Here's what you need to provide to register to marry in the UK which clearly states if divorced you need to provide your absolute. https://www.gov.uk/marriages-civil-p...egister-office Did the ex marry abroad or did he not mention he'd been married before??!!
            I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment


            • #7
              He married in Florida I believe, not had any update as to what is happening.
              Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

              Comment


              • #8
                Morning,
                As we suspected if one of the party has been previously married they should have provided a decree absolute (or I believe an affidavit confirming is also acceptable) to the Court house before a marriage licence will be issued and therefore the wedding to take place. Bit of a cheesy site but has some advice to foreign nationals looking to marry in Florida here: https://www.getmarriedinflorida.com/...icense-orlando
                I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                If in doubt you should always seek professional face to face legal advice.

                Comment


                • #9
                  Hi Phaeton, I am currently reading your post and wondering how is your friend getting on with the divorce.
                  Although I am a family lawyer, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Do not forget to update us on your case. Good luck

                  I work in Coventry on Mondays and Thursdays and Stevenage on Tuesdays, Wednesdays and Fridays.

                  Comment


                  • #10
                    Originally posted by SandraF View Post
                    Hi Phaeton, I am currently reading your post and wondering how is your friend getting on with the divorce.
                    Not seen her in a while, but last I heard he's been advised by both her & her solicitor now that he's effectively still married to her & his married to his 2nd wife is not valid, but he's happy to hide his head in the sand & hope it goes away, we're also presuming he's not telling his 2nd wife as we know for a fact he's keeping it secret from his family. There are obvious concerns in case anything happens to him & he hasn't written a will (we don't know) but he has quite a considerable death in service benefit, although our friends doesn't want anything it could get very messy.
                    Sorry i'm just thinking out loud, it might be irrelevant, I am not employed in anyway in the legal profession, please ensure you research any advice I give before using it I have been known to be wrong on multiple occasions.

                    Comment


                    • #11
                      Ok thanks Phaeton, keep us updated
                      Although I am a family lawyer, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Do not forget to update us on your case. Good luck

                      I work in Coventry on Mondays and Thursdays and Stevenage on Tuesdays, Wednesdays and Fridays.

                      Comment

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