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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.

Consent order and decree absolute

  • mnf
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22 Sep 12 #357328 by mnf
Topic started by mnf
Forgive me posting but I''m confused about the link between the divorce process and the financial agreement.

I have read that they are totally separate entities, but also that a Consent Order must be completed before a judge will issue a Decree Absolute. And I have read plenty of posts here where financial negotiations are continuing well after the divorce is completed.

It looks like I am about to be issued with a Decree Nisi. What must I complete/satisfy before just waiting the 6 weeks and one day before applying for the decree absolute?

My stbx and I currently live under the same roof. At what point MUST she leave the house? When the Absolute comes through, even if financials haven''t been agreed? Presumably certainly once the financials HAVE been agreed and an aboslute received. But what if she just "can''t find a suitable place to rent"? Surely she can''t stall forever!

I guess this isn''t usually a problem but it is in our case because I am the Petitioner but cannot leave the FMH because it is tied accommodation provided by my employer.

Thanks, M

  • LittleMrMike
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22 Sep 12 #357340 by LittleMrMike
Reply from LittleMrMike
I gladly forgive you. A great number of people get similarly confused.

A financial order can be made by a Court after the decree Nisi, but it cannot take effect until the decree Absolute.

Of course a financial order can be made after a decree Absolute in which case there is no reason why it can''t take effect right away.

The Court does not have to wait until a financial order is made before issuing a decree absolute.

You can apply for the absolute six weeks after the decree Nisi.

As regards the house - well, yes, I''ve come across this before, largely with vicarages. But the fact is that the house is your employer''s. Is the tenancy in your name ? or in joint ? If it''s in your name alone then her right to stay there ends with the decree Absolute, but you must give proper notice and legal advice is recommended. You can''t do it before the absolute. While she is your wife she has a right to remain.

If it''s in joint names then your employer would have to terminate the joint tenancy and issue another in your sole name - I think. Another possible alternative is to ask for the transfer into your sole name during the course of the financial proceedings. But this could depend on the type of tenancy it is.

If you let me know whether the tenancy is joint I will have another big think.


  • mnf
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22 Sep 12 #357347 by mnf
Reply from mnf
I''m pretty sure the tenancy agreement is in my name only but I''ll check.

Sounds like the Absolute is a formality having obtained a Nisi.

Really appreciate your advice and help.


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