Divorce query.... Mine!!!

[Paul Barton, Special Agent]

This must look like a really stupid question but I don't know whether I'm divorced or not!

When I separated from my wife in 1978 we had a lengthy 3-year court battle over custody of my daughter. After I won in 1981 she disappeared and we haven't seen her since. Now, during that time there were papers and correspondence going back and forth - I have two thick files of papers in the garage. As you can imagine it was a very stressful time and I had a hard job staying abreast of all the to-ing and fro-ing.

I'm sure I remember during that period my wife filed for divorce and that I recieved papers to that effect. It's all a blur to me now, what with all the other stuff going on at the time. However, I can't find any such papers and I'm wondering if I imagined it.

My family were shocked the other day when I admitted that I didn't know whether I was divorced or not, but can anybody tell me how I can find out? And if I'm not divorced, how do I go about applying for it when I have no idea of the whereabouts of my ex-wife? :o

[Mary from Italy]

You were presumably represented by a solicitor at the time - they'll probably still have the files, and be able to tell you whether the divorce went through or not.

[TrevorFranklin]

If a divorce request was filed.

1. it would have first had a reading in the county court, with a judge agreeing to the fact the divorce could take place or not based on the information that was contained in the divorce petition.
This would have resulted in a document called a Decre Nici
At this point you Not Divorced , it just indicates a judge has agreed the divorce can go ahead.

2. After the issue of the Decre Nici, yours or hers solicitor must apply to the court for a Decree Absolute.
This, when issued by the court, will legally dissolve your marriage.
The decree Nici normally takes 3 months from the date of request to the date that a judge issues it (thus allowing a 'cooling off period').

{Mine came through today Yippie, free at last!}

So, if you or your wife were granted the Decree Nici............You are still married

If you later received a decree absolute, you are divorced.

It is the stage of requesting the absolute that is sometimes overlooked, and so people who think they are divorced, are still married.
So contact your solicitor, as they can check records that it was requested and issued or request from the court that the absolute is granted.

[Olde Crone Holden]

Paul

In my experience, it is unlikely that your solicitor has kept the divorce papers after all this time, unless you are a regular and life long client of his!

I had a very similar situation about eight years ago, when I needed a new passport. I could find NOTHING to say I was divorced, only the decree nisi. My solicitor has since been struck off (nothing to do with me, lol) and all paperwork transferred to another solicitor in the town, who destroys divorce stuff after ten years.

I applied to the county court where I thought my divorce was heard, with the approximate date etc and they sent me a CERTIFICATED copy of my decree absolute. I had to pay for this, but don't remember it being a lot - £20????

OC

[Paul Barton, Special Agent]

Thanks everybody - at least I don't have to track down my ex-wife then. Phew!:D

[Little Nell]

Or your not-ex wife, perhaps, Paul!

[Ozzie Gert]

Like you Paul, i was never sure i was divorced until 2 months ago, when i had to apply for my decree nisi, to claim my aged pension from England.

1982 was the year, i had refused to have anything to do with it.

Sylvia

[JBee]

The Principal Registry of the Family Division (PRFD) who have the responsibility for maintaining the index of all Decrees Absolute (Divorce and Annulments) in England and Wales


Their address is:

The Court Service

Principal Registry of the Family Division

Decree Absolute Searches Room 2.03

First Avenue House

42-49 High Holborn

London

WC1V 6NP

Telephone number: 020 7947 6000

Email: PRFD.decreeabsolutesearches@HMcourts-service.gsi.gov.uk

[Christine in Herts]

For those who haven't had the chance to study Latin, "nisi" means "unless" - so the decree nisi means that there will be a divorce (?within a certain length of time?) unless certain conditions are broken. I think the main one is that the couple don't get back together again in the meantime, but I'm absolutely not certain of that!

Christine