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decree absolute

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2 years 11 months ago #497336 by Cesar
decree absolute was created by Cesar
Hi Can anyone help with my question. I have my decree nisi but my wife solicitor has stopped my [url=Glossary/General/Absolute.html ]absolute[/url] completing as the financial settlement has gone to court and not yet been agreed.
The next court hearing is March which is a long time away. Is there any way I can force her solicitor to complete the decree absolute before the court hearing the longer this goes on the more depressed I become.

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2 years 11 months ago #497345 by Luna Shadow
Replied by Luna Shadow on topic Re:decree absolute
You can't force her solicitor to do anything.

It is possible for the respondent to apply for the decree [url=Glossary/General/Absolute.html ]absolute[/url] any time after 3 months after the petitioner has become entitled to do so.

However, you have a outstanding financial case. Unless your wife agrees to the absolute being granted it is very unlikely that a judge will allow it. This is because there may be pensions involved or possibly property in one name only where getting the absolute before financial settlement could cause problems.

My decree nisi was pronounced Jan 2014. We've only just finalised the finances. I hope your case doesn't take as long as mine!

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2 years 11 months ago #497349 by Cesar
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Hi Thank you for the reply my concern it the time it takes in court for the financial. The first hearing was Oct 5 the next hearing is in March the delay is no fault of mine or my solicitor purley the court. Im concerned this 5 month period of waiting for a court date can she claim half my earnings if so that is so unfair.

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2 years 11 months ago #497370 by Luna Shadow
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You will be required to update the financial information during the court process. If you have managed to make savings during this period then you may be able to argue that they are post [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]separation[/url] and should therefore be disregarded, but if the savings are required to meet needs then they may be required to be used.

However having the decree [url=Glossary/General/Absolute.html ]absolute[/url] or not makes absolutely no difference to this.

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2 years 11 months ago #497375 by Cesar
Replied by Cesar on topic Re:decree absolute
Thank you for the information I asked the same question to my solicitor twice and she has not got back to me. I hope this is the case and my earnings through the delayed hearing will be disregarded unless required to meet the needs.

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