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Read our latest Financial Settlements guide (2021)

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 and Decree Absolute

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LondonGirl1970
Posted by
Junior Member

30 Jul 12 #346051 by LondonGirl1970

Topic started by LondonGirl1970

In April I received the Decree Nisi. My question is do I need to wait until my financial settlement is finalized in order to be able to apply for Decree Absolute? Or can I apply for the Decree Absolute while I am still trying to come to a financial agreement with my ex? (We have gone to mediation, which seems to have failed so I guess court is the next step).

Also, can one apply for the Decree Absolute without any financial settlement ever being agreed? (In the instance that neither I nor my ex want anything from the other)

Thanks so much for any info!

dukey
Moderator

30 Jul 12 #346058 by dukey

Reply from dukey

The general advice is to wait until you have a Consent Order sealed, in fact if you have dependent children the judge may refuse it anyway.

If court proceedings begin it tends to make little difference but what matters most is if there are pensions to be shared, if this is the case insurance to protect benefits in death tends to be needed before the Absolute will be granted.

Providing section 10 of D8 was not ruled out the absolute can be decreed without risk.

Clear as mud eh!.

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