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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.

What steps can we take to reach a fair agreement?

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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  • Chris 1957
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28 Aug 15 #466037 by Chris 1957
Topic started by Chris 1957
what is the maximum waiting period between Nisi and absolute

  • itsbeenalongtime
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28 Aug 15 #466046 by itsbeenalongtime
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I asked the same question and i was directed to wiki site , how to get a divorce. sorry im rubbish at copying things. Hope it helps.

  • rubytuesday
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28 Aug 15 #466048 by rubytuesday
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There is no "maximum waiting period" between a Decree Nisi and applying for Decree Absolute.

The Nisi doesn''t actually have an expiry date. Where the application for the decree Absolute is made more than twelve months after the making of the decree Nisi, the court will want an explanation for the delay - usually the delay is due to the finances being agreed on, which can take some time. The Court will also want to know whether the parties have lived together since the Decree Nisi was granted, and whether any children have been born to the couple since the Decree Nisi. If the parties have not lived together since the decree Nisi then there should not usually be a problem, and the court should make the decree Absolute.

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28 Aug 15 #466050 by itsbeenalongtime
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Sorry to post on someone else''s page but am i right in thinking that the respondent can apply for the Absolute after 4.5 months if the Petitioner doesn''t apply. Im worried I wont have to finances sorted and stbx will be able to apply.
Sorry again but may be the same reason i was asking.

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28 Aug 15 #466052 by rubytuesday
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Yep, that''s right. In addition to a D36, a D11 is also required along with a Court Fee of £155. The Court will list a short court hearing which both parties are required to attend. The Judge will require two questions to be answered:

Why has the Petitioner not made application?

Is there a reason why the Absolute should not be granted?

The Petitioner can prevent the Respondent from successfully obtaining the Absolute if the petitioner can show that by doing so it would create financial difficulties where a final financial order has not been granted by court.

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