A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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 Absolute Query

  • Dee Dee 42
  • Dee Dee 42's Avatar Posted by
  • Senior Member
  • Senior Member
More
27 Jul 12 #345728 by Dee Dee 42
Topic started by Dee Dee 42
My Partner recieved his Decree Nisi in February,and due to his wife delaying sorting out the finances,his solicitor reccomends getting the Decree Absolute.

There is a house to split,with no mortgage,neither of them have pensions,the house is in joint names and will have to be sold eventually.
Is it wise for him to get the Absolute at this stage as he sees things dragging on for longer,and possibly the Nisi reaching 12 months.

also as he is trying to save costs how does he go about getting the absolute without his solicitor does he take the nisi with him to court with the fee and will they provide him with the form needed.
thanks in advance

Dee

  • NoWhereToTurnl
  • NoWhereToTurnl's Avatar
  • Platinum Member
  • Platinum Member
More
27 Jul 12 #345732 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi Dee,

When I was going through my divorce the Absolute was delayed until the financial order was sealed because my ex would not comply. I was told that he could drag it out for years if we got the Absolute.

It also depends on who is the applicant as the respondent can not apply for the absolute.

Hope that helps.

NWTT

  • cookie2
  • cookie2's Avatar
  • Platinum Member
  • Platinum Member
More
27 Jul 12 #345734 by cookie2
Reply from cookie2
Dee Dee 42 wrote:

his solicitor reccomends getting the Decree Absolute.

In general it is good to go with the advice of your solicitor. That is what you''re paying him for, after all. Asking a load of strangers on an internet forum who don''t know the details of the case to second guess a trained professional, doesn''t make much sense ;)

  • Dee Dee 42
  • Dee Dee 42's Avatar Posted by
  • Senior Member
  • Senior Member
More
27 Jul 12 #345740 by Dee Dee 42
Reply from Dee Dee 42
He is the Petitioner.

He is concerned by going for the Absolute he is signing away his house,but also feels nobody can move on if he doesent get the Absolute.

and as i say he is trying to do this final bit without a solicitor as he has paid so much and not got there yet,and its been a year since seperation.

what is someone to do when the other party wont agree to anything??

Dee

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
27 Jul 12 #345741 by Fiona
Reply from Fiona
If he is named on the deeds the Absolute won''t mean he is signing his rights away. Finances can be sorted later but if someone won''t negotiate then ultimately the issue can only be forced through the courts.

One thing your partner needs to watch out for is falling into the remarriage trap. If he remarries there is a rule that he can''t start a new financial application to resolve the matter.

  • Dee Dee 42
  • Dee Dee 42's Avatar Posted by
  • Senior Member
  • Senior Member
More
27 Jul 12 #345748 by Dee Dee 42
Reply from Dee Dee 42
Fiona,
At this stage he has no plans to remarry.
for the house to sell,it could take some years,so he knows this will take time.

what about cohabiting,he was told 6 months after Absolute,but is it advisable to have finances in place before that also happens?
as he still lives in the home 5 days a week,and the situation isent easy.
And going to court isent an option at this stage either due to finances

Dee

  • Dee Dee 42
  • Dee Dee 42's Avatar Posted by
  • Senior Member
  • Senior Member
More
30 Jul 12 #346139 by Dee Dee 42
Reply from Dee Dee 42
He went to court this morning to see if he could get the form,he was told he needs a letter saying his solicitor isent acting for him anymore?????????
he wanted to save costs but now has decided to let solicitor put it through.

as for financial agreement/Consent Order,think it might take years,as basically wife doesent want to move,cant afford to buy him out so is just sitting put.
i was so lucky my divorce took 5 months from beggining to end


Dee

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11