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when does the financial part come into the divorce

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18 Jul 12 #344051 by cookie2
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A Consent Order is a financial resolution made by agreement (consent). Ancillary relief is the process of making a financial resolution through court (judge). They are different ways of getting to the same place. You only need to go through court if you can''t come to an agreement between you.

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18 Jul 12 #344071 by Northernboy
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Well my wife has started the financial side but not mentioned anything about the divorce yet.

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19 Jul 12 #344195 by life100
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i cannot believe that a Absolute divorce can be granted without financial settlement... no wonder so many people have problems.

anyway i wanted to ask if a decision is made regarding house, and consent order sent to court 4 weeks after i sent the knowledgement.. will it be looked at stright after, the Decree Nisi?

alos when the decree Nisi is granted.. will the court inform both of us or just the petioner?

to make sure we both sort out house, esp the other half.. is it possible to delay the absolute? so the house can be sorted.. and how?

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19 Jul 12 #344197 by cookie2
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life100 wrote:

i cannot believe that a Absolute divorce can be granted without financial settlement... no wonder so many people have problems.

Again I think you are failing to understand. What problems do you think people can have due to Absolute being granted before financial resolution? There are hardly ever any problems caused by the absolute being granted, unless you remarry.

anyway i wanted to ask if a decision is made regarding house, and consent order sent to court 4 weeks after i sent the knowledgement.. will it be looked at stright after, the decree nisi?

You cannot send a consent order to court until after you''ve got decree Nisi. I think I''ve told you this several times now.

alos when the decree Nisi is granted.. will the court inform both of us or just the petioner?

Both of you.

to make sure we both sort out house, esp the other half.. is it possible to delay the absolute? so the house can be sorted.. and how?

If you have grounds, you can block the Absolute. If not then you can''t. Wanting to delay it, is not sufficient grounds. You must suffer some kind of financial disadvantage by the absolute being granted, to block it. For example death benefits of a pension.

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19 Jul 12 #344203 by life100
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well i hope to find someone and marry...
sorry for all the question and i really do appreciate your feed back.

so what can i do? i am hopeing the other half will come to an agreement..
the reason why i asked all the questions, is becuase i want to understand the process and peoples feedback, who have gone through the same process.

like now i have not sent the knowledgement.. so its delaying the decree Nisi...

like wise can i do the same before the Absolute is given.. what happens afther the decree nisi?

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19 Jul 12 #344205 by cookie2
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life100 wrote:

like wise can i do the same before the Absolute is given.. what happens afther the decree nisi?

No, you can''t. When you return the D10, your wife will file Directions for trial and then the decree Nisi will be granted. 6 weeks and 1 day after that she can apply for the Absolute and unless you have grounds to block it, it will be granted. But if she does not apply then it will not be granted. If she has not applied for 3 months after that then you can apply if you want.

That is dissolving the legal side of the marriage. The financial side is TOTALLY SEPARATE from that.

The financial side is done by a consent order which can be filed any time after decree Nisi. Whether the absolute is granted or not, makes not one squat of difference, the consent order can be done before or after Absolute. If your ex will not sign the consent order then you can apply to court for a judge to make a decision, and again, whether the absolute is granted or not, makes not one squat of difference. The only problem comes if you remarry, you cannot apply to court. So as long as you don''t remarry until after you have a consent order or court application, you''re fine.

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