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Stop decree absolute

(13 Posts)
cleoismycat Sun 12-May-13 19:20:32

How do I stop XH applying for this before financial agreement? Is this usual?

MrsBertBibby Sun 12-May-13 19:52:58

Who filed the Petition? And on what grounds (unreasonable Behaviour?)

mumblechum1 Sun 12-May-13 20:06:35

As Mrs BB says, it depends on the grounds. Assuming that your husband filed the petition, he can apply for DA six weeks and a day after the Decree Nisi, however if he's divorcing you on 5 years separation and you have stated an objection to the DA being made before settlement on the Acknowledgement of Service form, the court won't accept his DA application until the finances are sorted.

Depending on the circs, you may have grounds to ask the court to delay the DA if he's divorcing you on other grounds.

Thing is, the main reason that these days solicitors recommend not applying for DA until after the finances are sorted is to protect the wife's entitlement to widows benefit etc. It's not really that huge a deal, usually, if DA comes before the final settlement. You will still be entitled to a share of his pension, etc.

Tillytrouble Sun 12-May-13 20:11:02

My DA went through 14 months ago and my finances still aren't sorted. Dont worry, it wont make any difference to the outcome!

cleoismycat Sun 12-May-13 20:54:54

He is divorcing me on unreasonable behaviour (frankly ridiculous) but is arguing about equity split and I don't want the absolute before it is resolved. I'm not boing unfair 60/40 so I can house our daughter.

Tillytrouble Sun 12-May-13 21:24:05

Hi, you can let the DA go through, you are in same position as me and it wont affect a thing. I was petitioned for unreasonable behaviour too, I shouted at him in front of kids and once three a plate of pasta at him...dope!! I should have poisoned the spineless git. My DA was a year last march and Im not at court until 28th August this year to sort out equity in marital home, he wants 50/50 split even though I have two teenagers (told you he was a dictatorial thickie), check with your solictor if it makes you feel better cleo but DA won't affect the outcome of your finances.

Tillytrouble Sun 12-May-13 21:24:38

threw a plate of pasta!!

MOSagain Mon 13-May-13 09:44:06

Tilly sometimes it is preferable to resolve finances prior to DA being pronounced. If for example your DH had a pension/life insurance policy that would only pay out if you were still married, then it would be rather foolish to get DA prior to resolving finances.

babybarrister Mon 13-May-13 09:51:29

I have to say that I think it is a thoroughly bad idea to have DA pre finances being sorted out - as MOS says if the ex pops their clogs and their is a pension or life insurance you can wave goodbye to any benefits as you are no longer their spouse ....

Collaborate Mon 13-May-13 13:15:33

There is only provision for the Respondent to delay Decree Absolute in Jewish divorces, where a wife can delay DA until the husband cooperates with getting the Get.

Tillytrouble Mon 13-May-13 16:49:56

those ladies are correct, and it was explained to me, if he pops his clogs and you're no longer his wife, then you wouldnt get the life insurance/widows pension, my XH didnt have any of those things and anyway, the thought of him popping his clogs....................I won't say what I'm thinking!

MOSagain Mon 13-May-13 17:29:56

<whispers - not just ladies on this thread!> wink

Collaborate Mon 13-May-13 18:39:30

I say Jewish divorces, but mean civil divorces where the parties are Jewish. I'm sure you knew what I meant...

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