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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.


Decree Nisi

  • JRambo
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03 Apr 12 #321480 by JRambo
Topic started by JRambo
Hi I am currently in mid divorce from my wife, we split in 2001. I am in a very happy five year relationship and we decided to get maried. So I started the divorce process last year without help, thinking it would be straight forward.
We have had a few delays like some docs going missing and then the judge needing info on previous Petition my wife put in in 2006. Now we have just received forms to say she needs to ask for the original petition to be dismissed. This is fine as things are amicable between us and hopefully next will be the Nisi. Just a problem of time, I''m getting married in late august and we have to give notice of intention to marry no later than the 4th august.
Should there be another six week wait before the judge even sees the dismissal form and grants the Nisi, we are cutting it really fine. I''ve heard you can apply for the Nisi six weeks to be shortened in special circumstances? Is this true? And how would I go about it should I need to?
As my wedding in august is all booked up, we never dreamed it would take longer than a year and wish we had of used a solicitor after all.:S

  • dukey
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04 Apr 12 #321542 by dukey
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Its never wise to book a wedding while your still married especially if you are not using a solicitor for the actual divorce.

Court are very rigid and all the rules must be followed, then there is a lottery element, some judges will help more than others, some courts take far longer than others to deal with applications.

Doing it yourself your best bet is to write a joint letter from you and your wife asking her Petition be dismissed, with luck the judge will accept that.

The six weeks and one day can be shortened but its rare unless you are gentry or famous, again a grovelling letter to the judge explaining you both have no issues, no child issues nor financial issues, and see what the the judge says.

  • .Charles
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04 Apr 12 #321554 by .Charles
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It is fairly straight forward to abridge the time from Decree Nisi to Decree Absolute but only if the both parties agree to this action.

As dukey says, it is never wise to book a wedding prior to a Decree Absolute but this is the position in which you find yourself.

The dismissal of the original Petition is fairly painless although some courts insist upon an application whereas others will accept a letter.

On the basis that the new petition has been issued and presumably acknowledged by the respondent, the next issue is applying for the Decree Nisi which can be turned around in a couple of weeks then there is the 6 weeks and 1 day before applying for the Decree Absolute.

If letters and application can be hand delivered to the court this will ensure they do not get lost as is often the case. Taking documents to the court clerk helps as does a friendly smile and request to "deal with the matter urgently if at all possible".

There should be no need to abridge any specified timescales but you need to be proactive - leaving the court to its own devices is not the best idea.

Charles

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04 Apr 12 #321695 by JRambo
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Thanks for your input. I have been assured by the court that as soon as they receive the dismissal application they will grant the Nisi. IF the timescale is too long between Nisi, Absolute and us giving notice of intention, when and how do I ask the judge to abridge the the timescale?

Thanks

John

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