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Why would he want to delay the decree absolute?

(9 Posts)
ThomasRichard Tue 19-Jan-16 13:42:28

I'm divorcing H. I could apply for the decree absolute today but he's asked me to wait until we've finalised the consent order for the financial arrangements. I'm sure he's not doing it because of some benefit to me but I can't see any advantage for him either.

I want to apply for it anyway. Any reason why I shouldn't?

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shoeaddict83 Tue 19-Jan-16 14:28:25

From my understanding its not wise to apply to absolute before the consent order is finalised.
basically the consent order can protect you both from either party having future claims on the others future income/inheritance/lottery win/pension etc! If you apply for the absolute with no consent order then you came into a large inheritance after the absolute is granted, your Ex could apply for a share of that as you have no consent order in place to say that you both give up rights to future earnings. Big story in news recently where wealthy couple had been divorced something like 17 years and she successfully claimed millions from him as they had no consent order in place. get advice before proceeding, but you have the divorce ready and in place (nisi) so its worth waiting to tie up the consent order before proceeding to absolute to protect yourself and any assets/future earnings.

ThomasRichard Tue 19-Jan-16 15:02:03

Great point, thankyou. I have no particular reason for wanting to rush it, other than wanting this to be over and done with.

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shoeaddict83 Tue 19-Jan-16 16:42:55

I know what you mean smile you'd regret it later though if it came back to bite you in the bum financially!! Hang in there and just get some advice and get the consent order signed, then you can apply for the absolute no problem!

ALaughAMinute Tue 19-Jan-16 18:28:21

I agree with Shoeaddict, get the consent order sorted first.

Fuckitfay Tue 19-Jan-16 18:40:27

It's mainly relevant if either of you die before the finances are sorted. In that case if either of you has a pension on the death of the other the pension won't pay the spousal death benefits and the survivor won't be able to apply for widows benefit.
You can otherwise get decree absolute and still sort your finances afterwards but don't leave for years and years otherwise the claims remain open (until remarriage when the person who has remarried loses their claim) and you may end up in the situation shoeaddict describes

DeoGratias Tue 19-Jan-16 19:08:48

I think few people of sense go to absolute before court sealed financial consent order is signed. So now you just need to agree the finances. Have you each made the other an offer on that side of things?

Minime85 Wed 20-Jan-16 17:48:22

How close are you to sorting finances out? Is he getting on with it? Is it amicable? I applied for absolute before we had done finances but it was very amicable and knew the consent order, which we did ourselves was coming but we needed to save to pay for it. We then did consent order a few months later

ThomasRichard Wed 20-Jan-16 19:03:21

Yes we've each made an offer and agreed the terms. I've paid all the legal fees and my solicitor is drafting everything.

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