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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.

Decree absolute

17 replies

Blushingm · 05/03/2020 21:40

How long does it normally take from applying for the absolute to it being granted? It's takes exh 2 years from the nisi to finally sign so I'm on pins waiting for my absolute

OP posts:
Otter71 · 06/03/2020 06:29

They say 6 weeks and 1 day if you apply as soon as the nisi is in. I am guessing it may take that long regardless though.

Toomanycats99 · 06/03/2020 06:37

As above it's 6 weeks and 1 day. It didn't apply for mine until after the consent order was done so it was turned round pretty much straight away I think (the consent took it past 6 weeks from nisi)

smallncjustforhere · 07/03/2020 04:05

OP is asking a different question I think. One must wait 6 weeks and a day to apply for DA after DN but the DA itself comes in much less time once applied for. A few days was quoted for mine. I have seen some say on here that get their DA in less than a day if they have done their divorce online.

Blushingm · 08/03/2020 20:53

Thanks for replying. Nisi was March 2018 (ages ago!) Yes I have finally got ex to sign the consent order so have applied for absolute - just want it over with

OP posts:
heretochat · 12/03/2020 22:56

Would you mind me jumping in on this conversation please..

We are almost in agreement on finance decisions with the mediator involved. Once we have agreed all aspects required - (IF) then i think mediators draw up paperwork? .
We then go to a solicitor? (haven't needed one yet) to get the convent order drawn up. Once we sign this it then gets sent to court to make it legally binding ?

My question is- decree nisi has already been approved. Should I delay applying for decree absolute until the solicitor had this formal paperwork (contract) in place?

Toomanycats99 · 13/03/2020 04:56

You should not do your absolute until financials are signed off by the judge.

WhiteWriting · 13/03/2020 18:37

Sorry to jump in but this struck a chord. We haven't even had our first court appt. yet to resolve the finances and the absolute came through the letterbox out of the blue two weeks ago. Will this be to my detriment do you think?

WhiteWriting · 13/03/2020 18:39

I should add ExH had another woman who has since had his child! Obviously planning to marry her which is why he applied for the Absolute.

LittleLittleLittle · 13/03/2020 19:39

@WhiteWriting the general rule is to sort out the consent order before applying for the absolute but this isn't stuck in stone. As if neither of you have to make financial provision for the other, there are no pensions to share, no property to transfer and your financial affairs are simple then you can apply for the decree absolute without the consent order.

However, your ex-husband will be advised not to get married until the consent order has gone through as his new wife's income and asserts could be considered in any financial settlement between you two.

Bouncingbomb · 13/03/2020 19:41

I went to court at 11am on Tuesday for my financial consent order. Applied (online) for absolute at 12 noon and it was received by email at 3pm!

WhiteWriting · 13/03/2020 19:48

@LittleLittleLittle thanks for your e-mail. Unfortunately the finances are proving complicated with no agreement on how to share out the FMH, his demanding money back from me for various expenditures whilst married and he now wants half of my pension! I wonder if he has any claim on my pension now he is not my husband anymore?

heretochat · 14/03/2020 09:34

@Too many cats ..
Thankyou for the info. X

heretochat · 14/03/2020 09:39

@whitewriting I'm sorry I don't really know.
However everyone please continue to ask questions and those that know please continue to answer as I can already see that information on here can be invaluable

Toomanycats99 · 14/03/2020 19:18

@WhiteWriting

I may be wrong but my understanding was that if financials are not agreed there is nothing to stop people going back at anytime in the future to make a claim - on that basis I would assume yes he could say he was entitled.

WhiteWriting · 14/03/2020 19:59

Like fuck will he be having my pension to fund his hussy's maternity leave!

Qwerty543 · 20/03/2020 23:51

Application for absolute to receiving it was days. That wasn't online either.

saleena2020 · 19/05/2020 22:57

Hi All,

Little advise needed, is it a wise decision to purchase a house during lockdown, whilst divorce is ongoing , waiting for decree absolute?

DH has no contributions at all.

I took a free advice from a solicitor and according to them I would need a clean break order which will secure me incase if there's a future claim by DH.

I am not in a position to ask him for a clean break order and cannot disclose that I am purchasing a house , he doesn't know. If I do he has nothing to disclose apart from his pension which I don't want and we have already agreed his is his mine is mine.

Please pour in your suggestions it would help me alot I just dont know who to speak to , what to do , if I don't go ahead with the house, mortgage is going to expire soon and it won't be extended as per the bank due to covid crisis and banks usually require 40% deposit and it would be a whole new application.

Thanks for reading x

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