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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Court never approved decree nisi before financials

  • Jacklumber
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05 Mar 15 #457422 by Jacklumber
Topic started by Jacklumber
Hi,
I separated from my ex in 2011 and I''m the respondent in my divorce and seeng as my ex appeared to be dragging her heels I tried seeing what I could do. I''m out of cash but I remembered my solicitor (when I could afford her) saying that after the financial dispute resolution in August 2013, we only have to apply for Decree Absolute etc. She assumed I had a copy of Decree Nisi but I said that no one had sent me a copy. She then said that I must have as the F.D.R. could not have gone ahead without it.

Anyway, recently I wrote to the court and asked for a copy but they said that they could not send me a copy of the decree nisi as one had never been approved by the court before the F.D.R. . (Something about inelligible signature). Therefore, as I understand it, unless the judge was aware that no decree nisi was in place before the financial hearing, the F.D.R. could be unenforceable and, even if it is, I am unable to apply for the decree absolute without a decree Nisi.

I''m now wondering whether to apply to dismiss her Petition based on the fact that the divorce can not be completed (by either side).

My cynical side tells me that the judge may just say he knew to avoid a whole lot of extra work. Obviously, I can''t get him to tell me whether he did or not.

Any thoughts?
Jack

  • dukey
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05 Mar 15 #457434 by dukey
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It''s quite right that a Nisi is needed before FDR, if the FDR went ahead without it the hearing is viod and you need to inform court.

If your ex did as many lay people do, fail to have the nisi granted and then did nothing shall we say then yes you can apply to have the application dismissed for want of prosecution as lawyers say.

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06 Mar 15 #457472 by Jacklumber
Reply from Jacklumber
Thanks. I just want to get divorced. Hopefully, I can fill in the forms and get the ball rolling. Thanks again.
Jack

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