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Read our latest Financial Settlements guide (2021)

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.

Finally - I have decree absolute...or do I?

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Isshehavingalaugh
Posted by
Senior Member

27 Mar 12 #320247 by Isshehavingalaugh

Topic started by Isshehavingalaugh

We agreed a Consent Order and this has been lodged and agreed by the District court judge. On Feb 14th I received a form D7 from the court stating that "Leave granted for the Decree to be made Absolute out of time".

Is that it now, or does something else need to happen to get the Decree Absolute. I thought a form D37 would be issued. Does this happen automatically, or does one of us need to do something?

Help much appreciated.

TBagpuss
Platinum Member

27 Mar 12 #320251 by TBagpuss

Reply from TBagpuss

one of you needs to apply for the Absolute.

dukey
Moderator

27 Mar 12 #320252 by dukey

Reply from dukey

Until you have form D37 your still married, the D7 gives you permission to apply for D37 (the decree absolute) this is done by completing D36 and paying £45, then they will send the decree Absolute.

Isshehavingalaugh
Posted by
Senior Member

27 Mar 12 #320255 by Isshehavingalaugh

Reply from Isshehavingalaugh

According to the D7 I have received (over a month ago now) it states "Petitioner application for Decree Absoulte out of time dated 6th February 2012"

So hasn''t an application already been made? The process / communication seems a bit fuzzy.

dukey
Moderator

27 Mar 12 #320268 by dukey

Reply from dukey

One of you will still need to apply for the Absolute its not automatic.

Long story short your Nisi ran out of time, the judge agrees though you can still have the Absolute.

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