My partners Decree Nisi came through a couple of weeks back (finally!)and he's quite keen to apply for his Absolute as soon as he is able. However, his solicitor has recommended that he doesn't apply for it until the finances are all sorted.
- Has anybody else been told this?
- Is it more difficult to sort the finances out after the Absolute has been granted?
He's not really sure what to do as he is still waiting for his ex to return form E (should have been Sept - think she didn't realise how hard the form would be to fill out!, and potentially the financial side could drag on for months.
I'm not sure how mediation will work in their case as she lives abroad - I presume it will be sorted through the solicitors and cost a fortune?
The last letter from her solicitor (over a month ago) said she had emailed the info for Form E and was posting the relevant documentation - which at the time of dictating the letter had not arrived.
I doubt if there will be an amicable agreement. Before the sols were involved my partner (who has the three kids with him) offered her 50% of the proceeds from the house sale after the debts were paid off, plus the endowments and she refused!
yes usual practice to not apply for absolute until finances settled... minegone on since march due to x2b dragging feet!! i have fdr in dec and hopeful get closure.. but not holding my breath
ps yes will cost a bit!!
With no Decree Absolute the pension is up for grabs. Once the absolute is granted there is no more husband and wife and therefore no entitlements to pensions so if one side applies for the absolute and the other feels they could do with a slice of pension, they file an objection at the court and the court will look at what advantages/disadvantages the parties get with a grant of absolute before the finances are settled.
It's pretty much the case that one side stands to benefit and that other stands to lose, so it won't be granted.