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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.


Decree Absolute

  • rawrs
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10 Oct 12 #360183 by rawrs
Topic started by rawrs
Can anyone advise me if the Decree Absolute is issued after the six weeks or does it need to be applied for, if so at what point can this be done.
Can my solicitor apply for me or is there a form that can be sent to the courts?

thanks.

  • sulkypants
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10 Oct 12 #360184 by sulkypants
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Have you drawn up a Consent Order yet? and had it accepted by the Court?

You would normally sort out finances before applying for your Decree Absolute.

  • LittleMrMike
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10 Oct 12 #360186 by LittleMrMike
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It depends whether you are the Petitioner or the Respondent. If you are the Petitioner , application can be made after the six weeks have expired.

If you are the Respondent, generally the Absolute can be applied for three months after the earliest date on which the Petitioner could have applied.

There are rare cases where it may be advisable to delay applying for the absolute and it recommended you have a quick check with your solicitor if you have one on the case.

I note the previous post. It is not necessary to settle the finances before applying for the Absolute, but as I said, there may be reasons why delay could be sensible, which I why I recommend you check with your solicitor first.

LMM

  • rubytuesday
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10 Oct 12 #360193 by rubytuesday
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You would need to apply for the Conditional Order (Nisi) to be made Absolute. If you are the Petitioner then you would need to complete form D36, and you can apply once the 6 weeks and one day time frame has passed (but it is better to have your finances resolved first).

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