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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 does "upon the making of the decree nisi" actually mean?

7 replies

Ukuleila · 17/06/2021 17:57

I received the final Court order for my financial settlement case about 3 weeks ago.

The judge writes that I am to pay my ex the buyout sum 28 days "upon the making of the decree nisi".

I have signed the acknowledgement of service two years ago not objecting but didn't receive any other papers.

So I was waiting for my ex, the applicant, to apply for the d nisi. Yesterday, he contacted me saying that he has already applied for the d nisi in February and the 28 days are now almost over and where is his money... And that he would report me to the court for not paying him... Eho?

So what does "upon making of the d nisi" mean - at application, at signing or at accepting of the court of the d nisi?

I believe the court would have sent me a copy of the application to sign.. I had honestly no idea that my ex had already applied and I don't think it's right he now uses pressure on me.

I have already started the re mortgaging but it's impossible to wrap this all up within only 28 days...

OP posts:
JustLookingforAnswers · 17/06/2021 22:12

You could contact the court and ask? I believe they have a helpline and online chat service too.

HosannainExcelSheets · 17/06/2021 23:08

He's not going to get anywhere trying to enforce against you if you can show you're already going as fast as you can. But technically you probably had 28 days from when the court order was made.

Ukuleila · 18/06/2021 07:26

Thank you. I will contact them. The general court email was not very helpful. The thing is the court order does not say "pay 28 days after the order was issued" it says "the applicant should apply for a decree nisi when practicable and the respondent should pay 28 days upon the making of the decreed nisi" so I thought, and I think so also thought the judge, this would give me enough time. And then I was in shock that my ex now claims he has already applied for the d nisi in February, because I knew nothing about it... Maybe this is just all shambles from his side

OP posts:
DreamingOfTheSouthOfFrance · 18/06/2021 08:14

I was sent a copy of the decree nisi (by my solicitor) when it was granted by the court. My husband who was the respondent was notified by email as he did Al his paperwork online. We also had the date it was read out in court and therefore granted or presumably made.

EveryFlightBeginsWithAFall · 18/06/2021 08:18

Well I did all mine online this year and so did exh, he was sent an email when I applied for the decree nisi so you should have heard . I'd phone the court

Ukuleila · 22/06/2021 08:55

It turns out his application was "refused" because the terms he used (me being unreasonable... Which is a lie anyway) was not strong enough for the court. And he had to reapply with stronger terms, so he says. I find this weird

OP posts:
Gensola · 22/06/2021 09:06

This whole thing sounds weird - Consent order would normally come into force on granting of decree absolute.

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