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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.


Self Application for Absolute

  • Intrepid82
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18 Sep 12 #356631 by Intrepid82
Topic started by Intrepid82
Hi,

I received my Sealed Consent Order a few weeks ago. I am the Respondent.

The Order gave my ex 28 days to pay me the Settlement.

I was pleased to receive the Order, after such a trying time as you can relate to!.

Anyway, I admit I would love to finish the deal with the Divorce itself (Absolute). Up till this time, I have had to wait at every turn for my ex to move to the next stage, and as you can guess, she likes to play games.

So, my question is, even though I am the Respondent, could i side step my Solicitor, and go to the Court Office myself, with my Consent Order and apply myself, with a reasonable chance of it working ?. I am fed up of my ex and a very expensive "System" putting me at the bottom of the pile. I just want a Divorce, my ex wants everything for herself, and my Solicitor needs a steady income via my bank account. 22 months now and counting.....:S

  • LittleMrMike
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19 Sep 12 #356637 by LittleMrMike
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The Consent Order does not come into effect until Decree Absolute, so a DA would be a necessary prerequisite to your getting your money.

May I ask what is the date your Decree Nisi ?

In principle the procedure is

1. Take the date of the Decree Nisi
2. Add three months ;
3. Then add another six weeks ;

after which you can apply on your own account. If you were acting in person you would have to lodge a notice in court to that effect.

You have to notify the Petitioner that the application is being made, in which case he may object and in that case you have a hearing on your hands.

My own view is that it might be better to stick with your solicitor. Making a Decree Absolute is not all that complicated but you just might find yourself in difficulties if there is an objection.

LMM

  • Intrepid82
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20 Sep 12 #356870 by Intrepid82
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Hi.


My Decree Nisi was issued in November last year. (10 months ago). My Solicitor has made several requests to the ex side for info about when she was going to apply for the Absolute, without acknowledgement.

Instead, we get the odd letter about this or that, of which we give a straight forward reply. Its just a paper chase.

We agreed and I signed my consent on the 2nd of August.

Only yesterday, I did go to the Court Office, and they advised me, my Absolute had been issued on Monday. I am now DIVORCED !.

  • missguided
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20 Sep 12 #356900 by missguided
Reply from missguided
Well congratulations!!!!

Miss x

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