HELP WITH DECREE ABSOLUTE

(4 Posts)
Allycat Tue 16-Aug-16 16:48:59

My stbxh separated 3 yrs ago quite amicably.

We agreed on how to split our assets and I bought him out of the family home, relinquishing my rights to his pension in the process. The house is now in my sole name and we got a 'heads of agreement' document witnessed by a solicitor to outline the agreements for maintenance, inheritance etc.

He petitioned for divorce early this year and our decree nisi came through on 18 March. It said that application for absolute would be possible after 6 weeks. In information I had to return to the court for the nisi, I enclosed a copy of the heads of agreement and stated that I was happy to go ahead providing the agreements within the head of agreement remained the same.

Once the 6 weeks had passed, I asked if he had send in the application for the absolute and he said that he needed to speak to me as apparently the court was asking for my house to be revalued.

I don't believe him. The court would surely ask that we both disclose our positions separately otherwise he could give them totally fabricated figures.

Can anyone confirm if a court would request this information???

Minime85 Tue 16-Aug-16 19:29:56

I didn't do it in this way but we both had to fully declare all assets and we had to see what the other had put

Familylawsolicitor Tue 16-Aug-16 19:40:58

This sounds a bit muddled and I think you are confused as to procedure somewhere along the way
He is the petitioner for divorce yes ?
So you would have acknowledged the petition
He then applies for decree nisi. If you are at Bury St Edmunds this is taking rather longer than 6 weeks at present
Once decree nisi is granted there is a minimum waiting period before he can apply for decree absolute. Was the decree nisi granted?

Separately, once decree nisi has been granted you and he can submit a financial agreement
This would be a draft consent order
It might be called heads of agreement but this is generally a term used if you've had a court hearing and reached an agreement before decree nisi
You are he should have completed a D81 statement of information summarising your financial position
This must be exchanged with each other and you must both sigh to say you have received it. This is completely separate to the decree nisi application which should have been done by him before this point

If you went to court and reached agreement at court then you may not have completed a D81 if you had both filed Form Es with the court

If the court has queries on the draft consent order and D81 info this would be sent to both of you in writing not just one of you

An up to date valuation of the house sounds an unusual query on a draft consent order by a judge but if any query has been made it should be sent to you or your solicitors

It might be that his solicitor has advised him not to sign the draft agreement without getting an up to date valuation of the house

I suggest you enquire with the court or his solicitor if he is represented and you are not

Familylawsolicitor Tue 16-Aug-16 19:45:23

Sorry I somehow missed the explanation in your post as to the heads of agreement which sounds like it was a financial agreement done some time ago before the divorce got going

The heads of agreement will not be dealt with by the court until you and he have applied in the proper way (not just sending a copy with the acknowledgement to the petition) which means decree nisi must have been granted and you both complete and exchange D81 forms and send a draft consent order in triplicate and a court fee of £50. You would need to resign a draft consent order in the same terms of your heads of agreement

If that hasn't been done the court has made no such comment on your agreement
Plus the court will never just contact one party and not the other although correspondence can go missing

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