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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.

What is a Consent Order and why do we need one?

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

 

Decree Absolute as respondent

  • JanMK16
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25 Oct 15 #468567 by JanMK16
Topic started by JanMK16
We have been separated since mid 2011 and both have new partners.
The Decree Nisi was granted last November. However, since then my ex (petitioner) has not applied for the DA. Following unsuccessful mediation to sort out finances I applied to the court for financial resolution. The first hearing was cancelled twice by my ex and is due next month (fingers crossed). I wish to apply for the DA now at least to get this side of the marriage over and done with whilst the finances are being sorted out by the court. Is it just form D36 and the relevant fee that I need? Do I need to give any reasons for wanting the DA? Any help would be appreciated. Many thanks.

  • rubytuesday
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26 Oct 15 #468576 by rubytuesday
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As respondent, to apply for the Absolute- submit Form D36 and Form D11, 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.

  • JanMK16
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26 Oct 15 #468585 by JanMK16
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What would be the reason for section 3) and 10)? Would it suffice in 3)I am asking the court of make the decree Nisi Absolute and 10)Evidence set out in the box, namely copy of decree Nisi.
I also have a first appointment at court on the financial side next month. Should I note this date in section 7?
Thank you.

  • Ebonee67
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26 Oct 15 #468594 by Ebonee67
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Not sure if this is relevant but I (petitioner) have been advised by my solicitor that despite obtaining Nisi in Feb 2015 I must wait until Finances have been agreed in Court and a Consent Order in place(I presume) before applying for Absolute as once this is granted I would loose all rights to live in the house(in his name with me having Matrimonial Rights) and any payout on his life policies.

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26 Oct 15 #468596 by JanMK16
Reply from JanMK16
Thanks. Don''t think this would apply to us. The FMH which neither of us live in (it''s rented out) is in both names and there are no life policies as these were lapsed by ex! We have both been co-habiting with new partners since 2011/12 and I have made appropriate and relevant adjustment to my small pension income. But thank you anyway.

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