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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.

 

Urgent -Final order only takes effect with decree absolute

  • notgettinganywherefast
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29 Apr 23 #520972 by notgettinganywherefast
Topic started by notgettinganywherefast
Just had the final order which states it 'takes effect from Decree Absolute'.
Does this mean I don't have to do anything in terms of complying with it until I get decree absolute, even though key dates for payments to my ex are imminent (one due next Tuesday)? It certainly reads that way. I know my wife was refusing to apply for decree absolute or remove the home rights notice on the FMH until she got the final order.
I tried applying for decree absolute last week only for it to be turned down because the judge at final hearing had only granted the petitioner permission to apply out of time (nisi was granted in2019) and I am the respondent!
It seems nothing can move on without my ex applying for decree absolute- but what happens if she never does? How on earth do I get divorcedand how do I comply with the order?!

  • hadenoughnow
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01 May 23 #520986 by hadenoughnow
Reply from hadenoughnow
You may need to make an application for permission to apply our of time yourself.

Before you do, I would write to the other side asking them to make the application immediately. Give a deadline after which you will apply and claim costs. Point out that you are advised that the order is not activated until Decree Absolute is in place.

Did your application include the required statement setting out the reasons for the delay and confirming a: that you have not lived together as man and wife and B: there are no (further) children born of the marriage since Decree Nisi.

Hadenoughnow

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01 May 23 #520992 by notgettinganywherefast
Reply from notgettinganywherefast
Thank you. I did already ask her and she refused until the otder was in. In the meantime I have applied again with the statement in support. Her solicitor takes weeks to do anything so I doubt it will be done by them any time soon. Its already a month since FH. But no doubt they will threaten me with something when she doesn't get her money by the date in order. I guess that might get them to take some action!

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