Nisi, absolute, consent order(2 Posts)
FlowerAndBloom Tue 04-Feb-20 20:26:00
user1486131602 Tue 04-Feb-20 20:33:52
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Stbxh applied for divorce which I haven't contested and now waiting for Nisi. Still haven't even started sorting out the financials. Can he apply for the absolute before it's sorted so there can't be pension sharing or transfer of assets without capital gains tax? How can I stop the absolute before the consent order is done?
Short answer, no.
You are required to do financials and go thru mediation, before absolute.
However, there are many things that influence the decision on financials and so it it unadvisable to get an absolute before they are done.
One example would be he divorces you stat, and in ten years time he has a HUGE bonus from work, you would still be able to make a claim against that bonus!!
So, perhaps he’s a little confused. Nisi granted, he has to wait 6 weeks and 1 day before he can file for an absolute, but would most likely be advised to complete the financial order before.
Unless you can’t agree at all, then, after mediation you go to court!
Don’t hold your breath, my nisi granted last sept. Still waiting for him to file his financial paperwork!! Good luck!
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