Decree Absolute Query

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

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

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

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

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.

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

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