Divorce

Vaughfitz

I have been separated from my Husband for 5 years, he is very difficult and told me that the decree nisi was granted this was last year time, and he will not let me know what the status is now, does this lead to automatic divorce? how can i find out if I am divorced or not? I want to be free of this control and why am I not told, are you told by anyone if you have been divorced by letter etc, many thanks for any advice

tightauldgit

Copies of all the paperwork, court orders, decrees, etc should be sent to you as part of the process. Have you moved house or something and need to update the court with your new address? You also need to provide a response if its his application so it wont progress without your involvement I don't think. 

There's no automatic divorce, and you can't divorce someone without them being aware of it and involved in the process. So you aren't divorced. 

If you don't think your husband has actually filed the application and/or you have no evidence of the application then there's nothing stopping you doing it yourself and filing an application with the court. 

Vaughfitz

I assumed it had as he said decree nisi was now absolute 
I have a copy of my marriage certificate as he unknowingly had original to do this 
so I think I need to do this but have no clue how to go about it and if it’s going to be costly it will take me longer 

MalMonroe

You should have been sent copies of both the decree nisi and the decree absolute by the court that handled your divorce, if indeed there has been one. 

Did you have a solicitor working for you? If so your solicitor should have been sent the documents and if not, the documents should have been sent to your home address.

It sounds as if you have had a lucky escape from a very controlling individual who has told you an absolute bunch of nonsense. 

As tightauldgit said above, if nothing has been done you can file for divorce yourself. 

Here is some information from the government - https://www.gov.uk/get-a-divorce

If you feel you need some help with it all, you could contact Citizens Advice

https://www.citizensadvice.org.uk/family/how-to-separate1/getting-a-divorce-or-dissolution/

All the best, hope you manage to get it sorted out without too much hassle.

gwynlas

If you are unsure about divorce what about financial order splitting of assets pension etc. Not sure if you are going to win the lottery or receive a large unknown inheritance but would you want him claiming half?

Vaughfitz

No solicitors this was done via online something or other by him 
I need to do this do I will look at the info that has been given thank you so much for the help 

tightauldgit

Vaughfitz said:

I assumed it had as he said decree nisi was now absolute 
I have a copy of my marriage certificate as he unknowingly had original to do this 
so I think I need to do this but have no clue how to go about it and if it’s going to be costly it will take me longer 

If you haven't been involved at all in the process and haven't filed any paperwork yourself then I don't see how he can have done it without your response. The court would want evidence that you have been served the paperwork to issue even the decree nisi I believe. 

Ask him which court has issued him the decrees and then ask the court directly to confirm what has gone on. 

tightauldgit

If he wont tell you which court then there is also a Central Family Court that can search to see if you are divorced or not.

Vaughfitz

I did sign something to agree to divorce which came to me over 6 years ago now i have asked about it here and there but he always says its up to him and that i dont need to know, so yes, i will look into how to do, many thanks for your time

RAS

You really do need to speak to the Central Family Court. Even more important, you need to make sure there is a financial settlement.

There's probably at least one thread running here at a time, where one divorced party decides to claim half the assets some 5-20 years after the divorce. Or, they couldn't afford the absolute and the ex claims their estate on death.

Get it sorted ASAP.

Vaughfitz

we separated 6 years ago we split the sale of our house down the middle he now rents, but I bought a house which is in my name , but as you say we must still be legally married which may be a concern for me anyhow,thank you