Decree absolute granted

[Foxyflugel]

Hi all - posting on behalf of someone else.

Her husband (they were separated since 2011) filed for divorce and she received some paperwork through. She consulted a solicitor who said that on the form D10? - where it asks if she has any objection to a decree being granted - she had to ensure she put no - as long as all financial matters were sorted. Her husband has been very evasive and they have not managed to sort financial matters out. His name is still on the mortgage even though she has paid the mortgage on her own for the past 5 years!!

She then received notification that the absolute - due to neither party raising an objection - was granted a few days ago.

Should this matter have been picked up on from her paperwork that she returned? - where she has stated that she has no objections as long as all financial matters are sorted.

Thanks in advance.

Foxy

[Openlaw15]

Re: Decree absolute granted

Hi all - posting on behalf of someone else.

Her husband (they were separated since 2011) filed for divorce and she received some paperwork through. She consulted a solicitor who said that on the form D10? - where it asks if she has any objection to a decree being granted - she had to ensure she put no - as long as all financial matters were sorted. Her husband has been very evasive and they have not managed to sort financial matters out. His name is still on the mortgage even though she has paid the mortgage on her own for the past 5 years!!

She then received notification that the absolute - due to neither party raising an objection - was granted a few days ago.

Should this matter have been picked up on from her paperwork that she returned? - where she has stated that she has no objections as long as all financial matters are sorted.

Thanks in advance.

Foxy

Hello, Foxy

Are the financial matters sorted? I have studied relevant law but am by no means a legal expert. If the financial matters are not sorted out I may be able to assist with helping your friend understand the law in general. I have written about the interests in property law and family law (below) that people can have with owning and living in properties, ie being married to them etc, on another thread I will provide it here for you.

I would require more information before I could provide a reasoned view applied to her facts however. 1) How long have the couple been married prior to divorce, or has the couple only been married for 5 years? 2) How long has husband been lived in the property, and or when (what year) did he physically leave the property? Does he still live at the property? You state the husband has been on the mortgage (ie deeds) for 5 years. What interest in the property did he have before that?

".....Legal interest: property's deed

The following is a legal right where the property in this their name ie signed the mortgage contract and put on properties deeds. ...
In general if the property is a joint mortgage then this is joint tenancy but if the property is in both names separately then this is independent ownership (ie tenancy in common). If it were a joint tenancy purchase the property is automatically shared 50/ 50 when the property is sold, however there are exceptions if one party can prove the other never contributed at all. This deals with the legal interest, ie the parties were named on the property's deeds. If there's a joint tenancy it can be severed. Currently if you die with a joint tenancy the property automatically goes to him so any Will you have is void.

Beneficial interests: property

The next part will deal with beneficial interests in property, that is where there is no legal interest, ie not on property's deeds or joint mortgage. Beneficial interests were interpreted by the courts to benefit females mainly whose savvy, usually male partners put the property in their own name: legal interest, leaving the girlfriend assumingly no rights. Beneficial rights works like this, in general if someone pays half of the deposit or contributes to the property in some way the court could potentially make what is called an implied right principle (implied trust) to ensure the person on the deeds will not throw the other out (ie property is held on trust for other partner and or children etc). Beneficial rights are recorded on the property's land register so any person with an interest in the property knows who has ownership and other with beneficial rights. If there is no restriction or notice it's assumed there's no beneficial rights so the onus will be on the person who claims beneficial rights to prove it.

Divorce

Marriage is different as the rule is at the point of divorce both spouses' assets including the family home will generally be divided in a 50/ 50 split, but again there are exceptions, ie one party paid more than the other."

The divorce doesn't mean the court does not have powers afterwards. The court can make what is known as property adjustment orders.

[FionaC]

Re: Decree absolute granted

Hi all - posting on behalf of someone else.

Her husband (they were separated since 2011) filed for divorce and she received some paperwork through. She consulted a solicitor who said that on the form D10? - where it asks if she has any objection to a decree being granted - she had to ensure she put no - as long as all financial matters were sorted. Her husband has been very evasive and they have not managed to sort financial matters out. His name is still on the mortgage even though she has paid the mortgage on her own for the past 5 years!!

She then received notification that the absolute - due to neither party raising an objection - was granted a few days ago.

Should this matter have been picked up on from her paperwork that she returned? - where she has stated that she has no objections as long as all financial matters are sorted.

Thanks in advance.

Foxy

Dear Foxy,

The D10 your friend completed is called the acknowledgement of service form and lets the court know the divorce petition has been received. This allowed your friend's husband to proceed with the divorce and ultimately to get the decree absolute.

Whilst your friend might have wanted to sort out financial matters before getting decree absolute many people do deal with financial matters afterwards and a claim can still be made to the court ( provided your friend does not re marry).

Mediation if often a quick and cost effective way of resolving matters. Mediators in your area and lots of other useful information can be found at www.resolution.org.uk.

Good Luck and best wishes

Fiona Connah