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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Timescale for divorce after 5 year separation

  • Bullgirl69
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26 Mar 12 #320128 by Bullgirl69
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My estranged husband has refused to sign the divorce papers. Our 5 year separation is up March 2013. Does anyone know please, will the paperwork be started so that the divorce will come through on the date of the 5yr separation or does it get started then. Also any idea how long it is likely to take? I know that if he''d signed there would be a 6 week ''waiting period'' before the Decree Nisi was issued then approx 6 weeks again before the Absolute. Does this still apply?

Thanks:dry:

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26 Mar 12 #320131 by cookie2
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Bullgirl69 wrote:

will the paperwork be started so that the divorce will come through on the date of the 5yr separation or does it get started then.

You can fill in the forms before then if you like, but you can''t submit them to court until 5 years separation is up. Alternatively you could use unreasonable behaviour, but after such a long separation, it would have to be worded carefully (probably by a solicitor).

I know that if he''d signed there would be a 6 week ''waiting period'' before the Decree Nisi was issued

This is not quite true. First you have to get proof that he has received the papers, often by using a bailiff or process server. Then you apply for Directions for trial, and the court sets a Nisi date. There is no specific waiting period for this. It often takes around 6 weeks but this is not a rule, it''s just a factor of how busy the court is and when a judge is free to look at it.

After Nisi, it is 6 weeks and 1 day until you can apply for Absolute, that part is a rule.

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