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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 Absolute

  • dpants
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20 Apr 12 #325230 by dpants
Topic started by dpants
Good Morning Everyone,

My partner is currently going through a divorce.

Divorce was petitioned by his ex, he is not contesting it to get it over and done with.

We have the Decree Nisi, and as of yet she has not submitted for the Absolute. We have calculated how long we need to wait before he can apply for the absolute.

Does anyone know if this is just straight forward filling in forms and paying the fee for the Absolute going through?

THey havent sorted their finances yet, but this is ongoing and both talking through lawyers on this, so hopefully this can be sorted soon, but in regard to the divorce, if he waits till he is able to apply and submits the necessary paperwork, should this go through plan sailing?

Thanks

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20 Apr 12 #325236 by cookie2
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I notice your location is Scotland. Is this divorce going through Scottish law or English? The procedures are different.

  • rubytuesday
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20 Apr 12 #325243 by rubytuesday
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Cookie - the OP lives in Scotland, but her partner is divorcing under English law.

Hope this helps :)

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20 Apr 12 #325247 by cookie2
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That''s what I suspected but thought I''d better ask rather than give wrong advice :)

Under English law:
Applying for the Absolute as respondent can be risky and have cost implications. No it is not just a simple form (as it is for the Petitioner to apply), there will have to be a short hearing for the judge to know why the respondent is applying not the Petitioner. Often the petitioner will object to the absolute being granted on the grounds that they would be financially prejudiced. For example if your partner has a pension with death benefits then his ex would lose out due to not being his "spouse" any more, therefore she could object to the absolute being granted. If she did this and he applied anyway, then she would also get a costs order for defending the Absolute.

Your partner should only apply for the absolute if one of the following is true:

1) He has a signed Consent Order that has been stamped by court
2) He is 100% sure there are no grounds for his ex to object to the absolute
3) He has written approval from his ex

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