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when does the financial part come into the divorce

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17 Jul 12 #343841 by life100
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ok now im very worried... and stressed
ok how can i make sure that the house gets sorted before the Absolute decree is given...
what do i need to do?

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17 Jul 12 #343842 by cookie2
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Why do you want to delay the DA until after the finances are sorted? Finances can be sorted just as easily after DA as before (as long as you don''t remarry).

You can''t delay the DA simply because you want to, you have to have proper grounds. Those grounds would normally be some kind of financial disadvantage. For example if your ex has a pension with death benefits, you would no longer be the "spouse" so you would lose those death benefits.

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17 Jul 12 #343845 by life100
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oh sorry no i dont wnat to delay it...
all i want is i want the financial side of things sorted before the DA... i do not want to do it after the DA and it more of a hassle and then the other half will just mess about and cause problems.

so basically how can i get the financial side of things sorted before the DA is given..
please help.. im stressed.. all i want is everyting sorted. as i know once the divorce is done and over with the other half is going to delay and mess about.... so please i need to know what i can do before teh DA is given.. and how can i make sure the property is sorted before the DA.
i will never be able to come to a closure, untill the property is sorted. who ever gets it i dont mind.

appreciate any help.. as u can tell its very difficult..

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17 Jul 12 #343850 by cookie2
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life100 wrote:

i do not want to do it after the DA and it more of a hassle and then the other half will just mess about and cause problems.

It is no more hassle to do it after the DA, and the other half cannot cause any more problems after the DA than before. You really need to understand that DA does not affect the procedure for financial resolution in the slightest.

so basically how can i get the financial side of things sorted before the DA is given..

Well, you can either (a) do the financial side of things sooner or (b) delay the DA.

If you have agreement regarding the finances then this will speed it up immensely. You have to wait 6 weeks between Nisi and Absolute. You can file your Consent Order during that 6 weeks and all will be sorted.

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18 Jul 12 #344016 by life100
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some people are telling me differnt things so confused...

doesn''t the judge make sure the proerty is sorted? cuz on the divorce form d10 the other half has just ticked property...

as u can imagine.. its tough.. and once the divorce is all done and over with the other half wont give a cr** and waste time..

ok the other half has agreed to hand the property over to me... has also said it can be transfered as soon as. i have a solicitor writing up a consent order.

now my question, is it ok to do this before the nisi? will there be any problems?

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18 Jul 12 #344022 by cookie2
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life100 wrote:

doesn''t the judge make sure the proerty is sorted? cuz on the divorce form d10 the other half has just ticked property...

The judge doesn''t make sure anything is sorted. The judge only gets involved in finances if he is asked to get involved in finances. That means an application for Ancillary Relief needs to be made. If that has not been made then the judge will not do anything.

once the divorce is all done and over with the other half wont give a cr** and waste time..

Even after Absolute, you need to sort finances. If your ex will not negotiate a consent order voluntarily then you can apply to court to set a fixed timescale.

now my question, is it ok to do this before the nisi? will there be any problems?

You can negotiate, agree the terms and write it up whenever you like. But it can''t be stamped by the court (become legally binding) until after Decree Nisi.

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18 Jul 12 #344049 by life100
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hmmmmmm whats the difference between Ancillary Relief and consent order?
i click on the ancillary relief link but it says consent order.. but thats what i am doing right?

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