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Final divorce hearing

(7 Posts)
kittycaz1980 Fri 26-Jun-15 00:51:35

My ex sole purpose is to delay this divorce and has managed for 4 years. The final hearing for finances is coming up. Once a judge has made the decision can i get my absolute straight away? Or can my ex continue to delay me getting the absolute my appealing the judges decision? I just need reassurance that it is now out of his hands and i can get my absolute at the final hearing and move on. Any advice would be great.

TheMotherOfAllDilemmas Fri 26-Jun-15 00:57:38

You can get it now if you wish. The separation of assets is a separate process from the dissolution of the marriage. You just need to apply for a decree absolute.

However, if some of your assets can only be transfered to you while you are his wife, it might be worth it to wait until the asset separation part had concluded.

kittycaz1980 Fri 26-Jun-15 01:07:57

Due to both our finances we agreed not to make the divorce absolute until finances were sorted. That was 3 years ago and 2 since the nisi. I know as the respondant i can apply for the absolute but i was hoping it could get issued on the day at court. I just know if we are sent away to sign court orders etc then he never will and it will continue to be delayed. I hope if he appeals the judge decision i can still get the absolute as any excuse he will use to drag things on lol

TheMotherOfAllDilemmas Fri 26-Jun-15 01:24:04

You need t apply for the decree absolute, it won't happen automatically on the day.

Having said that, I was the applicant and I didn't now my ex had applied for the decree absolute and we were divorced until I went to apply for it, so... He might not be asked to sign anything wrt to the decree absolute.

LotusLight Fri 26-Jun-15 13:08:18

You can apply immediately the finances are settled and you are right to wait until they are settled. As people say however if you want it sooner apply for it sooner although that is not usually legally advised.

kittycaz1980 Fri 26-Jun-15 17:26:20

Does any one know if he appeals the judges decision if this can stop me applying for the absolute?

LotusLight Sat 27-Jun-15 07:30:44

I am sure you can get the absolute whenever you like (unless someone shows a legal reason eg you had not been married a year so cannot in law divorce). It is more that legally it is unwise for you to apply for it whilst the finances are not yet decided so it is you who might suffer from getting absolute before finances are sorted out.

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