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Decree Nisi - what next?

(7 Posts)
NooNooMummy Tue 28-Feb-17 11:59:24

Can someone talk me through this, please?!

We are applying for decree nisi based on deemed service. What needs to happen before I can get the decree absolute? Do I require Ex's co-operation? How do i put in place the clean break that we agreed?

(Soon to be Ex has emailed us, confirming that he got my divorce petition but he's refusing to co-operate and hasn't returned the Acknowledgement of Service. We agreed a clean break at mediation and he confirmed that he isn't going to make a claim for my flat but he has a charge registered on it to protect his marital home rights and, it seems, I can't move house til he removes it but I don't know how...)

Collaborate Tue 28-Feb-17 18:36:49

Wait 6 weeks after DN and you can apply for the DA.

Send a certified copy of the DA to the Land Reg and they'll remove the MHA notice for you.

NooNooMummy Tue 28-Feb-17 22:47:23

Perfect. Thanks

babybarrister Wed 01-Mar-17 07:41:03

You will still need an order. From the court dismissing all financial claims tho

NooNooMummy Wed 01-Mar-17 10:10:18

That's the bit I'm worried about. Do I need ex's consent or does the court decide? How does it work?

Collaborate Wed 01-Mar-17 12:54:27

You don't need his consent to the removal of the MHA notice after DA, as his MHA notice protects his right to occupy the property provided he remains your spouse, which he's not after DA.

You will either need his consent to a financial remedy order, or else you'll have to apply to court for a financial remedy order.

This is a useful guide for those representing themselves in a financial remedy application, though it's a little old being 2013. www.mfjc.co.uk/home/mfjccou1/public_ftp/resources/Self-Represented-Parties-FRH-March-2013.pdf

NooNooMummy Wed 01-Mar-17 19:22:59

Brilliant. Thank you

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