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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Affidavit and getting nisi

  • wammcl
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28 Jun 12 #339707 by wammcl
Topic started by wammcl
I wonder can someone help me on this one _ I can''t seem to find an answer anywhere.

Husb is Petitioner, I have returned ack of service and statement of arrangements for children two weeks ago. Copy sent by my sol to court and to his sol. My sol has chased by fax yesterday to ask whether he has signed the affidavit for applic for Nisi. Heard nothing - isn''t a fax request by its very nature, urgent? My concern is that because husb''s life is now just as he wants it, gives me and kids no money, still lives in MH, comes and goes as he pleases as effectively he''s opted out of the marriage to his mind, there is no incentive for him to apply for nisi. Plenty on here about respondent applying for ABSOLUTE after given time, but nothing about resp applying for Nisi - can I gain control of situation in any shape or form - I just want this sorted. My sol is brilliant but if I ask her this, it''s more money. Many thanks anyone who can advise.

  • Action
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28 Jun 12 #339709 by Action
Reply from Action
I would just say that it''s very early in a solicitor''s timescale to expect a response to a fax only sent yesterday. I assume you want the Nisi in order to start the financial ball rolling. I would wait a few days and see what happens. As you say, if you chase your solcitor that''s another fee you don''t need.

  • cookie2
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28 Jun 12 #339715 by cookie2
Reply from cookie2
A fax is considered urgent? I guess that''s one word for it... my word would be "obsolete"!

You have to have patience in these things. One day is a very short time when things are going through solicitors. Solicitors do have other clients (both your solicitor and your husband''s), they have things like court appearances, arranging non-molestation orders for vulnerable people, etc. They deal with work on a priority basis, and chasing up a client for signing of an affidavit is not likely to be high priority. In fact I would be exceptionally surprised if you got a reply in any less than 2 weeks. There are many, many reasons that it could take longer than this.

There''s another explanation which is that your husband has not paid his solicitors fees. If that is the case then they will stop doing any work for him. And of course they would never tell you the reason, since that is confidential between them and their client.

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