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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.


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advice please, decree nisi nearly 4 years ago!

  • emilylemsip
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13 Jan 08 #10588 by emilylemsip
Topic started by emilylemsip
all sorted out now! woo hoo!

em X

  • Vail
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16 Jan 08 #10823 by Vail
Reply from Vail
Emily,

The nisi is the just the first step. I take it there are no children so it's just the finances to sort out.

Your partner could apply for the absolute himself but his x could move to block it until the finances are sorted because with the absolute she'll have no claim on his pension.

Whether it'll be a quickie depends on the x and the ability of the two parties to agree a financial split without having to go through the Forms E. From what you write this doesn't appear likely.

Whoever applies for the absolute will need to add an explanation of why it took so long after the award of the nisi.

Best of luck though!

  • maggie
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16 Jan 08 #10841 by maggie
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Vail could I just ask about this please?
"Your partner could apply for the absolute himself but his x could move to block it until the finances are sorted because with the absolute she'll have no claim on his pension."
In normal circumstances if someone petitions for divorce and gets as far as Nisi [- do you have to apply for Nisi or does it just happen? - I've forgotten- ]and doesn't apply for ancillary relief straight away the respondent could block the petitioner from pension sharing by applying for Decree Absolute?
ie If you want to pension share you should apply to pension share before Decree Nisi?
or in normal circumstances/without the delay that happened in this case -can the petitioner block the Decree Absolute application until the pension sharing is agreed?

  • Vail
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17 Jan 08 #10974 by Vail
Reply from Vail
Emily,

If one has got as far as the Nisi stage but the petitioner has not applied, legally there IS no petition and so there is no respondent. Someone has to apply for it. If your partner's x has been dawdling, your partner could apply for a divorce on the grounds of being separated for over 5 years.

The application for nisi includes a check list of all th ethings the applicant may apply for and includes ancillary relief, so it should be applied for at the time of application for the nisi.

If the nisi has been granted there is legally no obligation for the petitioner to inform the respondent when they apply for the absolute so it is in the respondent's interests to write to the court stating an objection to an application for absolute until the application for ancillary relief has been dealt with stating the reason that should the absolute be granted it would prejudice the respondent's right to a pension order (sharing, attachment or offset).

Such a pension order should be applied for after the nisi and before the absolute.

If the nisi has been granted to the petitioner an dthe respondent applies for the absolute, again I believe there is no legal requirement for the applicant to be informed and if the absolute is granted then the applicant has no recourse to the respondent's pension (as they legally ceased to be husband and wife) but still has recourse to apply/resolve ancillary relief.

  • Onelife
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20 Jan 08 #11235 by Onelife
Reply from Onelife
Hi

Dont know if this helps or not, but I am the petitioner in our case and received my nisi in June 06. I have not yet filed for absolute because we have been unable to settle the finances. These are now sorted & my solicitor is applying for the absolute, but I have to sign an affidavit to explain:

I have not co-habited with my ex since the nisi
I have not had any more children
That the only reason for the delay was settling finances

  • Vail
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21 Jan 08 #11339 by Vail
Reply from Vail
Thanks Onelife,

That's a pithy affidavit!

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