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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.

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.


Respondent to apply for Decree Absolute how long ?

  • Intrepid82
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27 Mar 12 #320303 by Intrepid82
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Hi.

I am the Respondent, my ex has not applied for the Absolute, she is the Petitioner.

According to the Papers issued with the Nisi , it stated that a Respondent can apply after a certain time. The time is almost upon us, and as yet there is no sign my ex is going to apply Absolute ( deliberately delay to add to my misery).

We have not even settled/agreed the finances, but I do need to get this Divorce.

So question is, my Solicitor knows my wishes and will apply to the Court asap, but how long does it take on average to go through, and what should I look out for.

Thanks.

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27 Mar 12 #320313 by cookie2
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If there is anything to "look out" for, then your solicitor should have already told you about it.

It will most likely take a couple of weeks but this depends on how busy your court is. Again your solicitor is the best person to ask this question.

  • new2newport
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27 Mar 12 #320354 by new2newport
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Intrepid82 wrote:

Hi.

I am the Respondent, my ex has not applied for the Absolute, she is the Petitioner.

According to the Papers issued with the Nisi , it stated that a Respondent can apply after a certain time. The time is almost upon us, and as yet there is no sign my ex is going to apply Absolute ( deliberately delay to add to my misery).

We have not even settled/agreed the finances, but I do need to get this Divorce.

So question is, my Solicitor knows my wishes and will apply to the Court asap, but how long does it take on average to go through, and what should I look out for.

Thanks.


Hi,

From my own personal experience I know that she can apply 6 weeks and 1 day from the date the Nisi was granted which is the legal cooling off period. As the respondent can proceed 3 months after that. and your solicitor can claim your costs from her. this will mean her £45 fee will go into hundreds so that might prompt her to get her finger out her arse.

Nothing really to look out for as the respondent it''s the applicant who can end up getting hit with more than they could have paid.

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28 Mar 12 #320402 by cookie2
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new2newport wrote:

Nothing really to look out for as the respondent it''s the applicant who can end up getting hit with more than they could have paid.

Actually there is a LOT to look out for if you''re a respondent applying for Absolute. But in this case the OP is represented by a solicitor, who will have already looked out for all of those things for him. But a DIY respondent should be extremely careful when applying for the Absolute, there is a very good chance that they would get hit for the petitioner''s costs.

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