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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.


Is there a time limit to applying for a Decree Ab

  • Pollyparrot
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07 Jun 12 #335571 by Pollyparrot
Topic started by Pollyparrot
Does anyone know if there is a time limit once you have the Decree Nisi, to when you apply for a Decree absolut .

  • Forseti
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07 Jun 12 #335575 by Forseti
Reply from Forseti
You must apply after six weeks and a day but before four and a half months. A Decree Nisi has no expiry date, but if you let more than a year elapse before applying for the Decree Absolute you must lodge an explanation with the court stating:
· Why you have allowed so much time to elapse;
· Whether you have lived together in the interim; and
· Whether any child has been born and whether or not it is being treated as a child of the family.

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08 Jun 12 #335653 by cookie2
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Forseti wrote:

You must apply after six weeks and a day but before four and a half months.

Not quite sure where you get the 4 and a half months bit from, this is not true. Decree Nisi has no expiry date as you correctly explain in the rest of your reply :)

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08 Jun 12 #335658 by Forseti
Reply from Forseti
Thank you, Cookie, and sincere apologies for the error, Polly. I suspect it was some advice I picked up somewhere rather than a rule. I shall amend my notes accordingly.

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08 Jun 12 #335664 by rubytuesday
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For future reference for anyone who is interested:

the Petitioner can apply for the Absolute 6 weeks and 1 day after the Nisi, but the respondant must wait until 3 months and 1 day has passed from the date of the Nisi to apply for the Absolute.

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08 Jun 12 #335751 by Pollyparrot
Reply from Pollyparrot
Thank you for the info. That is really helpful.

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10 Jun 12 #336015 by xxxxhelpxxxx
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What happens if the Petitioner does not apply for Absolute and the respondent does? Does the petitioner get told that the respondent has applied and get a chance to oppose it?

I ask because I am the petitioner and do not want to apply for Absolute until finances are done but I am fearful that he may apply after the 4 months.

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