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Absolute gained, Consent Order Sealed.. what next?

  • Mogadored
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30 Oct 11 #295306 by Mogadored
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My cousin got his Decree Absolute in April 2011 and the Consent Order was sealed in early October this year. Between obtaining the Absolute and having the Consent Order sealed, he met a lady he might consider marrying. Naturally, the existence of this lady was not disclosed in the application for the Consent Order. He has no children and there are no dependants: his divorce was settled on the 'Clean Break' basis. Whilst appreciating that it is not normal to have a Consent Order set aside, I understand there are cases where the failure to disclose the presence of a third party has given rise to a successful appeal being lodged against the Order. How long, if my cousin does wish to go ahead in remarrying, would he have to wait before his ex-wife could make any appeal and what are its chances of success? In other words, how soon could he remarry? Incidentally, he was the successful Petitioner. Many thanks

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31 Oct 11 #295394 by dukey
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When the consent order went to court to be sealed he would have had to answer two questions, did he intend to marry and did he intend to cohabit in the near future, if he was honest then fine, plus of course intention is difficult to prove, time is fairly irrelevant there is no set time when it is safe to marry.

If he was living with a woman when he answered no, that could be a problem, having a girl friend and answering no is not a problem, having a girl friend does not mean you intend to live together or marry.

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01 Nov 11 #295739 by Mogadored
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Thank you, Dukey. Yes, the lady in question is a girlfriend. Do I take it from your kind response that he would - if his relationship develops with her to the point of wishing to marry - he would not be in breach of the sealed Consent Order and therefore there could be no valid objection from his ex-wife and her solicitors? Presumably, he could marry whenever he wished? Again, I thank you for answering my questions.

Most sincerely
Mogadored

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