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

  • Lex123
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3 months 1 week ago #514769 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

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  • hadenoughnow
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3 months 1 week ago #514796 by 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.

Hadenoughnow

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  • Stymied
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3 months 1 week ago #514798 by 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

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  • Lex123
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3 months 1 week ago #514799 by Lex123
Thanks you for the help!

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