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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

What happens between nisi and divorce?

10 replies

Dawndonnaagain · 20/06/2017 10:26

Okay, Nisi application being held in a couple of weeks. Divorce obviously six weeks after. However, I'm still in the house and have no idea what's going on with it. My solicitor seems good and always lets me know what is happening, so I can only assume abusive stbxh isn't filling in his forms (again), or does it really take this long? Are the solicitors negotiating, perhaps? I want to sell up and move this year, but at the moment it's looking increasingly unlikely. I'm also worried that once divorce is done, he can mess me around if the finances aren't sorted. Anyone any advice please.
Thank you.

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Dawndonnaagain · 20/06/2017 10:27

PS. I know I could ask solicitor but it costs me every time!

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Hermonie2016 · 20/06/2017 14:29

Who filed for divorce? The solicitors will not be negotiating without your involvement.

If you and your ex have not agreed finances then mediation is usually the next step.

The absolute can be applied for 6 weeks 1 day after nisi but not usually recommended unless finances and childcare agreed since claims are not dismissed on Absolute unless there is a consent order.

The person who filed for divorce applies for Absolute.

I assume you have all martial assets valued, completed Form Es?

Typically you would have the financial settlement worked out, put in a consent order and signed off by a judge before Absolute.
The finances could be done by agreement between you two, at mediation or via solicitors or ultimately a judge decides at court.
If your solicitors were negotiating they would tell you his proposal and asking if you agreed.Or they would be submitting your proposal and asking for his agreement.

Dawndonnaagain · 20/06/2017 15:30

I've done all the paperwork. I filed for divorce. I have a non mol order in place and an occupation order. Stbxh doesn't 'do' form filling, so I have done all my forms, including form E, but no idea about what he's done. Dd told him to buck his ideas up a few weeks ago, and the day after the petition forms were signed, which he'd had since February. Mediation will not be taking place due to him being charged with assault, him falsely accusing me of things etc. I can only assume then, that solicitors are negotiating behind the scenes, as my solicitor drew up proposals some months back.

I'm a bit worried about applying for the absolute if things are not completed.

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Hermonie2016 · 20/06/2017 18:54

Ok, at least if you filed then you have control over Absolute.Worth talking to your solicitor about applying for Absolute but generally not advised since it leaves matters open, even if marriage ended.

I guess if he has had a proposal for a while your solicitor will need to issue a deadline for response. However if he's not motivated to resolve matters court (or the threat of it) is ultimately the only way.

Could he be persuaded that the deal on the table is likely to be the best he will get?

MrsBertBibby · 20/06/2017 19:04

Have you had his form E yet?

Dawndonnaagain · 20/06/2017 20:09

I haven't had a copy of his form E yet. No idea if he's filled it in.

Hermione, he has mental health problems, including Borderline Personality Disorder. I can't imagine he'll be persuaded of anything!
Thank you for replying, and you MrsBibby.

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MrsBertBibby · 20/06/2017 20:15

I very much doubt, then, that there's anything going on in the background. It sounds to me as if you should discuss issuing form A with your Solicitor to get the court timetable ticking. Guys like him don't agree anything without a judicial gun at their head, in my experience.

Your solicitor will advise if there are any reasons to delay DA.

Dawndonnaagain · 21/06/2017 08:05

Thank you. I did look up form A but it doesn't seem relevant. All children are grown up. The only assets are stuff that he considers to be his, and the house.

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MrsBertBibby · 21/06/2017 10:35

Yes, to sort out the house and resolve all financial claims between you you need to issue form A.

Dawndonnaagain · 21/06/2017 20:43

Thank you MrsBibby Flowers

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