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Various divorce questions

(6 Posts)
probablyparanoid Thu 14-Feb-13 11:12:15

Can anyone answer a couple of questions on divorce -

- how long does it take to get decree nisi after lodging the application for directions for trial?

- I am going to apply for absolute before the the finances are agreed - well I am thinking of it but my question is once the absolute has gone through can any assets that I come into (eg by inheritance or work bonus) after absolute be taken into account in the financial settlement - or do the courts ignore anything coming in after the absolute .

- Once the Decree Absolute is obtained can I get my DH out of the house even if we have not agreed the financial split of assets (which may involve sale of the house) . The house is in my name and he is unlikely to put any restriction on the register before the absolute but he also refuses to leave (he is not accepting the situation) . How do get him to leave?

Many thanks

MOSagain Thu 14-Feb-13 12:56:23

Timescales will vary from court to court depend on how busy they are. After loding application you will get a notice with a date that DN will be pronounced (you do not need to attend). It might be a week or two before you get it and the date might be 2 weeks in advance or 4, it really does vary.

I would rarely advise applying for DA before finances sorted. You cannot get your husband to leave without a Court order if he doesn't agree. It makes no difference that the house is in your name, it is a matrimonial asset.

You really need to crack on and get on with sorting the finances. If he won't agree to anything then you will have no choice but to issue an application for Ancillary Relief (finances) to be sorted. If he does not co-operate it would only be at a final hearing that he can be ordered to leave and there would normally be at least two hearings before a final hearing (although sometimes First appointment and FDR can be held together but unlikely if he is not co-operating) You really need to seek legal advice from a family lawyer.

MOSagain Thu 14-Feb-13 13:00:49

Sorry, didn't answer the bit about other assets. Yes, the Court will take into account any assets you might obtain after DA if finances have not been resolved. Whether they would award your DH a certain share of them will depend but they will be considered.

Collaborate Thu 14-Feb-13 14:36:25

May have to disagree with MOS (for once!).

When DA has been pronounced the H will lose his statutory right to occupy. He will then be a bare licensee. Whilst he could apply for an occupation order, he would do so under s35 of the Family Law Act 1996, not s33. The criteria is more relaxed under the balance of harm test in s35 compared to s33. Would depend though on all the facts of the case what best advice would be.

OP - you need to speak to a solicitor about this and give them all the facts of your case. If he has to provide for his own living costs you will find that inevitably his financial support to your household would diminish.

There is also the risk that he might be able to get an order that forces you to allow him back in to the house. Can only last a maximum 6 months, and be extended for up to 6 months after that.

MOSagain Thu 14-Feb-13 15:36:22

collaborate is right, I am having a blonde moment blush happens to the best of us grin

Xenia Fri 15-Feb-13 09:39:25

I agree too, although in our case my children's father was advised not to leave by his lawyers not only until the decree absolute but also agreement over finances and sealed consent order and transfer of house into my name after my large remortgage (and large cash deposit to him). a day after that money hit his account he left. Had he not I could have obtained a court order to get him out.

As said above assets are divided when the finances are agreed not earlier and best not to go for DA until finances are dealt with. It took us 7 months from start to finish (no court hearings). I paid both side's lawyers. In some ways if you are living together it is easier to agree as you are both in the same house so can negotiate financial issues and you tend to know the finances of the other.

Also if your husband is the main carer of children and you earn more he might be entitled to house and children are it were which is yet another reason someone might be advised not to leave the house until everything is finished and in part would have been behind my husband staying to the bitter end.

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