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  • NADS66
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16 Apr 12 #324177 by NADS66
Reply from NADS66
No it has not been granted yet, this is what I can''t understand as you should have the Decree Nisi first before the financial settlement. she no longer has a solicitor acting for her as she could not get legal aid, and my BF is self rep. He does no know where to go from here or what action he needs to take to finalise the divorce any ideas welcome please? Thanks

  • cookie2
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16 Apr 12 #324202 by cookie2
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You cannot have a court hearing regarding the finances unless decree Nisi is granted. Something does not add up here.

  • soulruler
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16 Apr 12 #324206 by soulruler
Reply from soulruler
I have heard it said so many times that penal notices are not usually acted upon but I do believe that it is very unusual for a woman to have a penal notice attached for disclosure and in my belief courts are waking up (at long last) to the reality that it is not only men that can be abusive at the end of a relationship.

I hope that your boyfriend will stand firm in not allowing her entry into his not so new home. I also sort of hope that if the stbx doesn''t comply that she will get a shock and if she doesn''t do as required or purge her civil contempt (by apologising to the court and stbx) and file that she will get a short sharp shock at the expense of the tax paying public.

My horrible ex has tried 3 times to have me committed to prison by allowing penal orders to be attached to orders that his legal teams have asked the court to write.

It is a financial and abuse issue in my case but obviously if I had been so financially abusive (by lieing about my finances or his) or abusive to our children (he has reported me to social services regarding negligence and abuse - all the other way round I might add) then I would deserve a spell in limited accommodation at the tax payers expense.

I think that your boy friend needs to get his Nisi as soon as possible and try to get to the bottom of why it has not yet been granted. Perhaps the easiest way to start is for him to phone the court and see if he now needs to apply in for it to be granted.

  • Fiona
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16 Apr 12 #324347 by Fiona
Reply from Fiona
Although it''s rare it is possible for a hearing to be held and a financial order made before the Nisi can be granted eg McCartney/Mills. However apart from Maintenance Pending Suit the court cannot make a financial order *effective* until after the Nisi.

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