Hi everyone. am new to the site. been married 25 years. have started divorce proceedings due to domestic violence. recently got my nissi. To get absolute in 4 weeks time. However need advice. Is it advisable to get absolute before finances are finalised??! Cant wait for my absolute but do not want to lose out in the process. Please help!!!!
Dont really know the answer to this one, can only comment on what the Judge said in our case......
Judge at my husbands final hearing said........
to my husbands ex "she was badly advised at time of divorce, and had a case to sue her solicitor, as once the Divorce absolute had been granted she had given up her rights to any of the widows part of the pension"....
So in answer to your question, i think (although cant be sure 100%) its best to get the finances sorted before absolute.
My solicitor strongly advised me to get finances sorted out before the absolute. I'd much rather get the absolute sorted but she seems to know what she's talking about. So I'd tend to say wait though the waiting isn't much fun. Do you think it would be worth getting a half hour of free advice specifically on this question (if you haven't done this already)? Most solicitors offer this.
Incidentally, if you're divorcing because of domestic violence, there may be a lawyer associated with your local Women's Aid association who will be able to answer this question for you. It's worth finding out as they need to have contacts with people who have legal knowledge. You may need their help in any cas, depending on the circumstances.
I too am divorcing due to domestic violence. My absolute is signed and due anytime now. I found a solicitor through womens aid. They are very good in these cases. Definitely don't get the absolute till finances are sorted, as the absolute is what it says and you absolutely can't make any further claims once you've got it.
Hope this helps you.
thanks for the invaluable advice. Absolute will have to wait till finances are resolved. Guess what? We were at form E level as we had agreed on voluntary disclosures. however, ex to be and his solicitors now saying they do not want to participate in voluntary disclosure any more. Delaying tactics!!!!! What are my options. Please help!!!!