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Divorce query for a relative.

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  • Divorce query for a relative.

    A relative is wishing to marry, but the woman is still apparently married. She and her husband have been apart for a number of years, about 10 or so I think. The story I have been told is that he sued her for divorce, but it did not proceed beyond the Decree Nisi because he didn't pay the solicitors bill so it didn't go further.
    I feel there is something dodgy here and now the couple are making wedding plans but that is impossible if she cannot product a Degree Absolute so the situation needs addressing.
    There are two daughters from the marriage, one aged almost 21 and one almost 17 and in full time education. The lady lives in what was the marital home with the girls (and my relative since Autumn 2019). I am told the house is in joint names but the deposit came from a property she had before she married. Is the estranged husband playing games of control? Can she not start a new divorce process? She seems to beleive not. I know new regulations are coming in this week. Any advice would be welcome, thank you
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  • #2
    She will certainly not be allowed to marry whilst already married.

    It is essential that in a divorce, an agreement to the split of assets is put before a Judge to be agreed. The divorce would not be complete without this and I suspect that your relative has not been legally advised by a divorce solicitor.

    Both husband and wife need a solicitor to make sure tha the split is fair. Assets of home, investments, pensions etc all need to be considered. I would suggest that you speak with your relative and try and get her to see a solicitor to try and obtain a correct divorce.

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    • #3
      Thankyou for your advice I will draw this to her attention.

      Comment

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