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financial or consent order , costs

  • mapletree
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20 Jun 12 #337901 by mapletree
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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
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21 Jun 12 #337997 by dukey
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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
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21 Jun 12 #338078 by mapletree
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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
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21 Jun 12 #338083 by jellybean78
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I thought the judge wouldnt give the Decree Absolute without all the finances being in place?
Im confused about it all.

  • mapletree
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21 Jun 12 #338087 by mapletree
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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?

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21 Jun 12 #338165 by mapletree
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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 ?

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