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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.


Half Way Divorced

  • matt1930
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10 Jun 12 #335993 by matt1930
Topic started by matt1930
I have been living apart from my ex wife since early 2004. We have 4 children - 13, 17, 20 & 22. I moved out due to the breakdown of our relationship and she quickly had another relationship and had 2 further children.

She filed for divorce and I got Decree Nisi in 2007. We have no shared assets, the house was sold in 2004 and I have paid her money for the children every month, more than the CSA would make me pay. I have had as regular as possible contact with the children over the years and this has never been an issue. Since 2006 I have lived 70+ mile from their family home due to work and regularly see them and have visits.

She never pursued the divorce any further and her subsequent relationship has ended. I want to be finally divorced and am wondering how to go about it? Any advice?

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10 Jun 12 #336000 by epitome title
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Hi Matt

Welcome to Wiki, I am sorry I can''t give you a difinitive answer to your question as I am not sure if you can just pick up from a Nisi which was granted many years ago, and what your position is given that it was your wife who instigated proceedings then; however I would suggest that you go and see a solicitor, many will give you an initial appointment foc and see what your options are

Let us know how you get on

Kind regards

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10 Jun 12 #336003 by matt1930
Reply from matt1930
Hi and thanks Epitome. I''ve read somewhere that the Respondent can do this after a period of time (6 weeks?), which this certainly is. Its strange that she hasn''t seen it through and this never bothered me until recently and I want to move on.

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10 Jun 12 #336004 by WYSPECIAL
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Applicant has to wait 6 weeks then Respondant has to wait 3 months after that before they apply.

Don''t know if it times out but cheapest option might be a phone call to the court to ask. If there is no time limit just apply yourself. Heard somewhere if its over a year DJ may want to see you but don''t know if thats correct.

  • matt1930
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14 Jun 12 #336688 by matt1930
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Thanks all. I''ve spoken to the court where the Decree Nisi was issued and they said that it will probably mean having to go before a court to confirm that we haven''t been living together during this time and to explain why the Decree Absolute hasn''t been applied for.

Who will have to explain that? My ex the who originally petitioned?

He said I should fill in a form D11 - can anyone tell me what that is please? Also said it will be £90 costs.

Is there any reason for them to turn down the Decree Absolute? How long will this process take? Hope someone can shed some light!

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14 Jun 12 #336695 by WYSPECIAL
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D11 is an application notice.

You can download it of internet.

Not sure if your ex will have to explain but you can explain your side as simply never getting around to it and expecting the applicant to.

Good luck. If total cost is £90 then it sounds like you will be a happy man.

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24 Jan 13 #376143 by matt1930
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Applied as the respondent and the hearing is tomorrow. I will attend although the letter doesn''t say must attend or not.

Not heard from ex. Are we both required to attend the hearing??

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