absolute

[susannicola]

Hello can anyone tell me if my son and his wife never applied for the absolute degree are they still married its over 11years since the degree Nisa

[ostell]

Only your son or his wife.

[susannicola]

Neither of them went ahead with the absolute decree

[des8]

So they are still married

The Decree Nisi is an order given by the courts that means in principle the divorce can go ahead
The Decree Absolute is a courts final order which legally ends a marriage

At least that is what i believe it means... never been there myself.

[MIKE770]

absolute is automatic after a few weeks is it not???? i.e.:- Nisi then Absolute no OK :-

The decree absolute is the legal document that ends your marriage. You need to wait at least 43 days (6 weeks and 1 day) after the date of the decree nisi before you can apply for a decree absolute. Apply within 12 months of getting the decree nisi - otherwise you will have to explain the delay to the court. so in this case if neither applied then suggest still married, but get advice as the length of time since Nisi they probably get it over and done with under 12 year rule????

[susannicola]

Neither of them seem that bothered to get absolute it was their son, my grandson who asked me if they are legally still married as his mam has terminal cancer he was asking as his dad is still on the house deeds she didn’t take him off she just took his name off mortgage as it had only a few year till it ended my grandson was wondering what would happen to the family home his dad has already told him he doesn’t want it

[ostell]

Is there a will?

[des8]

Is the house owned as Joint tenants or tenants in common?

[susannicola]

No will it was joint tenants but son took his name off the mortgage but he’s still on the deeds he paid most of the mortgage but they agreed between them that she would keep the house and he would keep his army pension they got the decree Miss then neither of them got the absolute

[des8]

So as joint tenants when either dies the survivor becomes sole owner of the property.

If they now want to remove his name from the deeds it is a fairly simple process, well set out here: https://www.finder.com/uk/how-to-rem...-property-deed