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Is Decree Nisi Likely To Be Null & Void?

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jourdain2 | 18:20 Sat 16th Apr 2022 | Law
8 Answers
I just don't know all the details, but anyone's educated guess would help.
2018 (Summer) my younger daughter's marriage broke up due husband's serial infidelity. He refused to leave the house & took up residence in their converted garage.
2019 Decree nisi refused because she was held to have accepted the situation by allowing him to stay (I did tell her to throw him out & offered to do the job). She wanted no fuss because of the children.
Later that year he moved out & Decree Nisi eventually granted in 2020 (not sure when because she refused to think about it & said I was nagging when I asked).
Since then I have asked a couple of times if they are finally divorced yet. At first there was the response that there was a bit of a snag with paperwork, a document went missing or something.
A couple of months ago I asked again and got a sort of 'Oh, that's all sorted.'
Last week my older daughter told me that the divorce was still not finalised!
I've checked, and the original Decree nisi will have expired unless the Absolute has been applied for or the court has good reason to extend it.
Since I passed over a goodly chunk of cash to help her through this - I'd like to know the result. (Not said that of course.) She went on and on about being civilized and that I 'didn't understand', but it seems to me that there could be an almighty mess here.
Sorry to be so long-winded, but I hesitate to raise the matter again with her. I don't want to be accused of interfering, so does anyone have any helpful ideas as to why the nisi might still be active? Not very clear, sorry, but the whole situation is foggy.

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deffo poss
she hasnt behaved as tho she wants a decree nisi
and yes I agree it doesnt sound as tho....
BUT - you can't live her life for her ( altho you have had a damn good try ) and you may have to leave her to do the experiment

the experiment is what happens when you delay and prevaricate....
Poor you Jourdain having this muddle. Hope some of our knowledgeable of the law ABers see this. From my own divorce memory I thought the absolute came through automatically 6 weeks after the nisi unless either party tried to stop it.
If you're prepared to fork out £65, you can get a definite answer by asking the Central Family Court to search the past 10 year's records for a Decree Absolute. (Just like birth, marriage and death certificates, a Decree Absolute is in the public domain. Anyone is entitled to obtain a copy. If no Decree has been issued, you'll receive a 'No trace' certificate):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958048/d440-eng.pdf
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Thanks all. I have tried so hard to just be supportive - driving 50 miles to collect kids from school etc.. I'm so worried about what might come crashing down on her head soon. She has, it appears, agreed to sell the house & split the proceeds when youngest goes to secondary school - which will be Sept.. She can't afford to buy a suitable house on her own. I didn't know she'd agreed to this, I kept well out of all that. Turns out her dad has said the same as I have, to the same result.
Buenchico - thanks for that. £60 needs thinking about, but if they aren't divorced then presumably he will have to let her and the children stay in the house and put off the sale. May be worth it - bye bye summer sandals for a while. :)
It's a mess. She always did sort of drift along and then panic - so I am distinctly worried.
Tell her you had a little win on lottery and before you distribute it you need to know the Wang won't get any!
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Update, for anyone interested.
Daughter admitted today that she's never received a Decree Absolute. No, she never chased it up - too busy. Neither, apparently, did no-longer-ex husband. She had a bit of a shock when I told her that it would be null and void by now.
Doesn't seem to think it matters - but it does. I now have to alter my Will, which costs, to ensure he can't get his mitts on anything. Grrr. It could help in a way, because I don't think he can now force her to sell the house - so I told her not to tell him. Is that very wicked? I think not.
The upside of that is, if he marries again she can shop him for bigamy. :-)
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Good one Wolf! :)

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