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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 Date

  • Kittykatt
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13 Jun 12 #336523 by Kittykatt
Topic started by Kittykatt
Hi everyone,

Looking for some clarification please....

I have now had my Certificate of entitlement to a decree come back and the court date as 9th July, a couple of questions...

1. Can I then apply for the Absolute 6 weeks and 1 day from this date? Or do I get another notice/date once the court hearing is over?
2. When can I put a Clean Break Consent Order form into place, from the 9th July as this is the date given or again do I have to wait for another date?

Thank you in advance! :)

Kat x

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13 Jun 12 #336576 by Kittykatt
Reply from Kittykatt
Also I am a bit confused by the guides on here, it says the respondent (my stbx) can also apply for the Absolute after 6 weeks? Is this correct?!

Thanks!

  • perin123
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13 Jun 12 #336606 by perin123
Reply from perin123
The Petitioner can apply for the Absolute 6 weeks and 1 day after the Nisi has been pronounced. The respondent can apply for the absolute after that time is up but must wait another 3 months I think. Am sure you can apply for Consent Order after nisi date but someone else with more knowledge will no doubt post an answer.

  • livinginhope
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13 Jun 12 #336608 by livinginhope
Reply from livinginhope
The Consent and Absolute can be done on the same date.
I think the respondent can apply for Absolute a date 6weeks 1day after the date the Applicant could have applied for it,if the Applicant hasn''t done so.

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14 Jun 12 #336654 by dukey
Reply from dukey
Perin is right.

The applicant can apply six weeks and one day from Nisi.The respondent must wait a further three months.

Once you have the Nisi the CO can be sent to court to be sealed (stamped) once that is done the Absolute should be applied for in time.

The problem with sending the CO and absolute at the same time is the judge may allow the absolute but question the CO, if this happens your divorced but with no sealed CO which can cause problems sometimes, far from often though, most solicitors will wait until the order is sealed first.

  • Kittykatt
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14 Jun 12 #336705 by Kittykatt
Reply from Kittykatt
thankyou everyone, thats what I thought it was just a bit confusing! so I can apply for Absolute 6 weeks and one day after and he can do the same three months thereafter.

I think I am going to get my Clean Break order drafted so it is ready to go once the Nisi comes through as it is not long away. Then hopefully it will be all ready to go.

We have no children and I think finances are agreed (I think!) so it should all happen quite quickly. So by the end of August/beginning of September I will be divorced! Here goes..... xx

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14 Jun 12 #336706 by Kittykatt
Reply from Kittykatt
also (sorry guys!) when I go for the Absolute do I literally walk into court married and walk out divorced? This seems to be what it says (from what I can tell)?.....


Thanks again!

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