A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


financial or consent order , costs

  • mapletree
  • mapletree's Avatar Posted by
  • Junior Member
  • Junior Member
More
20 Jun 12 #337901 by mapletree
Topic started by mapletree
Court issued Decree Nisi 6 weeks (2 days left) before. What should I do? Will I lose pension or other rights if I dont lodge application for financial order before Decree Absolute, since respondent can apply for decree Absolute at any time after these 6 weeks, isn''t it? Also, can I apply for cost reduction of application & hearings) together with application for financial order and if yes , what form is that ? Should I try to consent with respondent before, since there are no children in the marriage.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
21 Jun 12 #337997 by dukey
Reply from dukey
The respondent can only apply after 4.5 months from Nisi and even then it would be listed for a hearing so the judge knows why the respondent is asking for the Absolute and not the applicant, at this point you ask it absolute be delayed until you have an agreement.

  • mapletree
  • mapletree's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jun 12 #338078 by mapletree
Reply from mapletree
Oh , sorry, my bad, I meant respondent in financial proceeding, Petitioner in divorce. I know that he will apply for D/A immediately after 6 weeks of Nisi. I am asking if I can delay signing of D/A until financial settlement or court order in finance matters. I am non-working wife and since this application is very expensive I am asking should I apply for financial order now before D/A in regard to losing some of the financial rights after D/A? What financial rights I might lose if financial proceeding happens after decree absolute? And if I can''t afford financial order application what should I do ?

  • jellybean78
  • jellybean78's Avatar
  • Senior Member
  • Senior Member
More
21 Jun 12 #338083 by jellybean78
Reply from jellybean78
I thought the judge wouldnt give the decree Absolute without all the finances being in place?
Im confused about it all.

  • mapletree
  • mapletree's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jun 12 #338087 by mapletree
Reply from mapletree
No, as I know , D/A must be applied for by Petitioner 6 weeks after Nisi, and by respondent after that if petitioner doesn''t apply. Finance is separate application . And I''m asking should I , as respondent in divorce , apply for finance order before D/A in the view of losing some rights if I don''t , and what rights I would lose : e.g pension right , and that is where I''m confused. What pension rights , is it only pension rights in case one party dies after D/A but before finance application being started? On the other hand inheritance is better if D/A is placed before finances, because party doesn''t have right anymore to inherit the other with D/A, am I right?

  • mapletree
  • mapletree's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Jun 12 #338165 by mapletree
Reply from mapletree
i found answer on my question which I haven''t formulated rightly. It''s here ow.ly/bJIVS ( witty:) . It is pension rights after decree Absolute .
Also reg. application for financial order, Petitioner applied for Ancillary Relief with divorce petition , just I have to check what does he prayed for, because I didn''t take copy of Petition.

If law states that court must take into account pension rights , plus petitioner (applicant) claimed ancillary relief with divorce petition , can you tell me please what is the next step by the court ?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.