Decree absolute before Financial Settlement?

Hello all,

Is this OK to do? Can I send off for Decree Absolute before a finacial settlement (Consent Order) is agreed?

yes you can send off for the absolute, but it might not be granted until the financial settlement is agreed.
kind regards
dawn

my DA will be through before any FC is sorted according to my solicitor it will not make much difference unless you want a share of any pensions, the FC will only then count on assests up until the DA date.

binloder43 wrote:

Is this OK to do?

Many soliciotrs advise against it. Best to sort the finances first. If circumstances change; (one party remarries) or one dies; you are technically no longer their Widow/Widower; and no rights to automatically inherit. May cause Tax complications? You then may have to contest the Will.

It's just all much cleaner, and easier to deal with before Absolute.

Hi all,

Thanks for the replies....but now more confused. Some say its Ok and others say not....

Can anyone be definitive on this?

Thank you all for your responses so far.

binloder43 wrote:

Can anyone be definitive on this?

It depends on your individual situation. Where are you at with sorting the Financials??? If there are Ancilary relief proceedings going on in the structured timetable of the court; the process can take around 18 months.

If you do not sort finances legally; (consent order through Court) then you each allow yourself to be exposed to claims in the future. And a lot can change.

In one highly publicised case; a woman (now in retirement) who Divorced in the 1970's was forced to sell her home to clear her ex-husbands debts!!!! They'd not had a clean-break; and he claimed against in as 'marital property' thirty years later.

You really DO need to sort the financial bit; and many courts will not allow Absolute until it's done.

Thanks Sera

I am the Petitioner and the husband..wanting a fair deal for us both but struggling to see a way through on the consent order..have done all myself so far so maybe the times right to see a solicitor to sort out before I apply for the DA