Can a wedding go ahead without the decree absolute and without finances being settled? | Lawhive - Solicitors & Lawyers Online
Can a wedding go ahead without the decree absolute and without finances being settled?
Hi thank you for allowing me to join. Im currently going through a divorce. We’ve at the decree nisi stage. My husband has his wedding booked for March 2022. Can this go ahead without the decree absolute and without finances being settled ? Also I was awarded legal help due to domestic abuse and being unable to work . I claim benefits as my daughter is severely disabled and im her main carer . Since talking with my solicitor I’ve been informed that I don’t qualify for legal aid due to there being equity in the marital home. My husband lives in the marital home and I live in a council house with our daughter and have no means of accessing the equity in the home . I’m confused as I’ve been given conflicting information. Can anyone advise me Thank you

Anonymous

18th March 2022

Top Answer
NQ. He cannot marry until decree absolute as still married to you. Financial consent is separate issue.

Patricia Destephen

18th March 2022

NQ no he cannot remarry until the decree absolute is done. Is the martial home not in your name aswell? You can claim rights to it. Is the child his? Yes you are still entitled to legal aid but it is quiet difficult to get as so many firms are at capacity. Do a Google search for your area. I would definitely get some legal advice. It seems he's trying to get everything more than he's entitled to.

Shirley Ortega

18th March 2022

1 upvote

Solicitor ( no longer in practice). Even with evidence of domestic abuse, you won't qualify for legal aid if your share of the equity in the jointly owned family home is more than £100K. I expect that is the reason for the advice you have received from your solicitor. If necessary, your solicitor should be able to arrange a litigation loan for you, repayable when you receive your share of the property. I'm not sure which of you has petitioned for divorce but if it was you, your ex will only be able to apply for the DA once 3 months have passed from the date on which you could have applied and then a hearing date will probably be fixed by the court for his application to be considered. If there is a DA before your financial claims are dealt with, your claim for your share of the property won't be affected by the DA. Many financial claims are sorted after DA. It may be a little more complicated if you are also making a claim against any pension he has

Carol Lewis

18th March 2022

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