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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Decree Nisi - what to do if petitioner doesnt appl

  • Catho
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11 Jul 11 #277467 by Catho
Topic started by Catho
Hiya, if Petitioner hasnät applied for Decree Nisi for more than 8 months. What can respondent do to speed up the process?
Thans!

  • NellNoRegrets
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11 Jul 11 #277476 by NellNoRegrets
Reply from NellNoRegrets
Do you mean Decree Absolute?

  • Catho
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18 Jul 11 #278795 by Catho
Reply from Catho
I actually mean Decree Nisi. I am aware that after three months the respondent can apply for Decree Absolute if Petitioner hasn't filed. But in this case I am wondering what happens if petitioner doesn't react to the opportunity of applying for the Decree Nisi. Is there anything respondent can do to move things forward? Does the opportunity of applying for decree Nisi expire at a certain point?
Many thanks for your answer

  • maccy2
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19 Jul 11 #278806 by maccy2
Reply from maccy2
Do you mean that they have served the Petition but not sworn the affidavit?

  • dukey
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19 Jul 11 #278827 by dukey
Reply from dukey
You don`t actually make application for the Decree Nisi, once the Petitioner makes application for Directions for trial and swears the affidavit it is decreed assuming the judge is happy with the paperwork and circumstances of the divorce application.

If the petitioner has sent the Petition but not perused the divorce there after you would need to send a petition of your own to move it on.

  • NCS
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10 Nov 11 #297225 by NCS
Reply from NCS
Sorry to hijack the post.
I am in a similar situation. Ex has not signed the affidativ saying she doesn't have time to go to a solicitor to be witnessed!!! (bollocks!):angry::angry::angry:.

She is more interested on how much she will get in her share (we were thinking of clean-break) and wants to settle that first!!!

What is the best option.

Thanks to all the well informed and knowledgable people on this forum.

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10 Nov 11 #297229 by Catho
Reply from Catho
Hi NCS

it is absolutely the same case here. A year has passed with numerous attempts to bring things forward but alas.

So yes, tuning in on NCS´s question: what is the best way forward?

Many thanks!

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