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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.


Delaying the Decree Absolute

  • scabydonkey
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28 Apr 12 #326932 by scabydonkey
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As you know from my previous posts, my partner is getting divorced and his stbx has thrown down every possible obstacle. The Decree Nisi was read in January and she objected to the Absolute being issued. That was due on the 15th Feb so on Monday my partner will be in court fighting this objection. I have looked through the web and spoken to our solicitors and there are very few times that this action is ever taken and is usually only for high value divorces. Thus I thought I would let you all know what is happening and how things go on Monday. I dont anticipate there being a problem with him getting the Absolute but it is such a waste of time, effort and money. It does make me question the motivation behind vindictive divorces. There is no bitterness or rancour from my partner and he has always accepted that he will have to fund the financial settlement. This after she left him for another man. And yet a year later we are no further forward due to her intransigence and bitterness. But this will signal the beginning of the end. A further update on Monday!

  • MrsMathsisfun
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28 Apr 12 #326937 by MrsMathsisfun
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Scabydonkey.

My story is very similar to yours, but luckily when the ex heard that if she objected to the Absolute and it was granted she would have to pay the costs so she agreed!!

My partner is coming up to this 3rd year of attempting to get the financial stuff sorted. With hindsight it would have been quicker and cheaper to have taken his chance with the courts rather than try to negotiate a settlement.

Good luck Monday.

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28 Apr 12 #326963 by scabydonkey
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My partner and his wife have been separated for nearly 5 years and we ae coming to the end of the first year of divorce proceedings. As there is very litte chance of her negotiating a settlement, I think we will have to go to court. Shes already refused mediation. Of course, she is on a buy now, pay later scheme so its costing her nothing!! Once she realises that her settlement has been swallowed by legal fees, it will all have been in vain. But that is where vindictiveness and blinkered vision will lead. Its a shame.

  • laorig
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02 May 12 #328048 by laorig
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My partner & I are having similar issues with his stbx.

I won''t bore you with all the previous attempts at divorce but....

Stbx was granted Decree Nisi in december.
My partner could apply for Absolute after the 25th April but hasn''t done so yet as we haven''t resolved financial matters. Our solicitor is unable to get in contact with stbx solicitor , she never returns calls etc.

Stbx won''t reply to any contact & therefore financial arrangements haven''t even begun!


Should we just apply for absolute?

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02 May 12 #328056 by scabydonkey
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Hi

Well just to update you as to what happened to my partner, he did not get his Absolute on Monday. However, his stbx has been told to sort herself out and get the divorce resolved and if she didnt, the judge would grant the Absolute. She had said that she had reconsidered attending mediation so the judge has basically told her to continue through mediation and not through court action.

Personally, I would say to get the absolute as it should galvanise some action otherwise things can stall and not move forward. By the sounds of it though, you may have a problem getting any movement forward if you cant get in touch with the solicitor. I do wonder how some of these solicitors are able to continue to operate in the field of divorce as they are clearly not acting in their clients interests.

Good luck

  • laorig
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02 May 12 #328058 by laorig
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We live in the north of Scotland & had a dual qualified solicitor up here.

They have just been removed from post by the firm we are using for her mis-handling of our case.

We were given false info at the beginning & advice has been patchy all the way through. We are now using another firm in Edinburgh.

I think I''ll send of the Absolute paperwork tomorrow. Even if it''s rejected at least the court will be aware of stbx''s inaction.

I don''t understand why you would go to the trouble of getting the Nisi then do nothing else! I understand she wants to protect her financial interests but why not negotiate at all? Nowt queer as folk!

  • Fiona
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02 May 12 #328065 by Fiona
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laorig, perhaps speak to the solicitor first. You need to be aware If the respondent applies for the Absolute there is a hearing, your partner will need to attend and there is a risk of a costs order if the application is unsuccessful.

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