A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Delaying the degree absolute after degree nisi pronounced due to finances still

  • Lex123
  • Lex123's Avatar Posted by
  • New Member
  • New Member
16 Nov 20 #514769 by Lex123
Topic started by Lex123
The degree nisi has already been pronounced and the degree absolute can be issued this next week by the applicant in the divorce.

As the respondent I am concerned as the marital home is only registered in the applicants name, I do have a marital home rights notice registered on the property but getting concerned that if the degree absolute is issued before resolving financial matters I might lose out on a very substantial lump sum due from the marital home that is not registered in my name.

I have submitted a D11 form to ask a court/judge to bar the Degree absolute but getting concerned this has not yet occurred and the date the degree absolute can be issued is in 5 days time. Also I submitted Form A to start financial proceedings but no court date yet. Any advice on how to urgently bar the applicant in the divorce to apply for the degree absolute would be highly appreciated. Also I have asked the applicant solicitors to hold of issuing DA until finances are resolved but they have not responded to my request.

I am concerned I might not get a hearing due to covid restrictions at court potentially in time for a judge to approve the D11.

Also once you submitted an urgent D11 to bar a degree absolute can you safely assume the court will get it action before 6 weeks after the degree nisi?

Kind regards

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
17 Nov 20 #514796 by hadenoughnow
Reply from hadenoughnow
The Decree Absolute is not automatic, it has to be applied for. If you have put in a D11 that will be linked via the case number to the other proceedings. That should be sufficient. The decision can be made on paper, and a hearing may not be needed.


  • Stymied
  • Stymied's Avatar
  • Junior Member
  • Junior Member
18 Nov 20 #514798 by Stymied
Reply from Stymied
Make sure you have some proof of the date when you submitted the D11.

The marital home rights would put off a prospective purchaser once it was discovered. I would hope the procedure for removing it involves you giving your consent as you instigated it.

You can fill in an HR2 if you can get a continuation order from the court i gather that this extends the marital home Rights.

marital home rights were introduced to protect spouses in events where there is divorce, so this situation where the applicant can both apply for a decree absoloute and change the house occupancy without regard for the spouse, must have been thought through. I am in pretty much the same situation...... except I applied for the divorce so as to retain a little bit of control. x

  • Lex123
  • Lex123's Avatar Posted by
  • New Member
  • New Member
18 Nov 20 #514799 by Lex123
Reply from Lex123
Thanks you for the help!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11