Final hearing without decree absolute

[CaptainM]

We're finally heading to a 3-day final hearing next month and I've just found out that stbxh (the petitioner) did not apply for a decree nisi despite assuring me that he did. I chased a couple of times over the last few weeks.

We'll clearly not have it on time for the hearing, even if I filed for one now.

I'm worried that the order from the final hearing will now not be binding. Please don't tell me it'll be postponed!

Can anyone advise on what's likely to happen? Should I go ahead and apply for one? I understand there'll have to be a separate hearing for that too!

I want to be divorced!

Apologies - I meant the decree nisi. My understanding was that we should aim to have the decree nisi before the final hearing.

Even if I applied now, we won't have it on time. I have chased his solicitors again but they're not replying. Checked directly with court and they have told me there is no application.

Which of you initiated the financial application?

Thank you, Familylawsolicitor.

MrsBertBibby - I am the applicant for the financials, but he's the petitioner for the divorce.

I got my barrister to check that the application had been made at FDR and were assured that it had been made, but I called the court to crosscheck and they hadn't received anything. It's in line with their conduct throughout proceedings - missed deadlines, disposal of assets etc.

I have just recieved their questionnaire with tons of questions that have nothing to do with financials and I'm left wondering if I have to respond to everything. They're relentless!

Bury St Edmunds. I checked a month after he said he'd applied. I'll call them again on Monday. Thanks

Ahh...that's good to know. Maybe there's hope. I'll call them again tomorrow. Thank you.

The divorce file won't be at bury though surely? It wil be at the court where the financial remedies are being heard?

I would be inclined to threaten him with costs if he fails to resolve the situation, myself.

Just checked again, and he definitely hasn't applied.

I'm guessing I would have to apply myself, although we still won't have it before final hearing.

You would have to file a cross petition!