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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.

Amount of time between filing, nisi and absolute

4 replies

WingingIt90909 · 12/03/2022 22:17

Apologies if this is a daft question...when you initially file for divorce/papers served, is there then a time limit that you have to apply for nisi? What I mean is, does your application expire if you don't progress to nisi/absolute elements fast enough?
After agreeing that we'd file for divorce in April (No fault option), my husband is now coming up with excuses why we should wait a bit to file for divorce. But psychologically for me, I feel like I need to do it asap, at least get papers served, because I've been in limbo so long waiting, and now he wants me to wait longer so that he can sort some other things out, that are unrelated to the divorce itself? It's just a bit of a blow to hear that, as I'm so ready to move on, but I don't want to antagonise him by serving papers, if that then makes negotiations harder. I also know that when I file for divorce, it's then going to take ages to negotiate, as he doesn't want to involve mediation or solicitors, to keep costs down, but he hasn't got a clue how a court would view our case, he's done no research. If I file for divorce, and then it takes ages to sort out, will the divorce process expire and I'll have to start all over again?
Please help

OP posts:
Crumbs22 · 13/03/2022 10:40

I don't think there is an expiry date as such in any part of the process. But I have no idea how the divorce process changes with the No Fault option but normally, once you have filed and papers are served, it's up to the Court to give you the nisi. So it could be fast or slower. After the nisi is granted, from this point on there is the option to apply for the Absolute, can't remember if it's immediately or after a set time. Once you have the nisi then you can do the next step which is to agree how your finances and assets are to be split. Sometimes couples don't do this because there is nothing to agree on but usually there is. This can take a very long time if a couple can't agree. Once they do then the Court has to sign it off. Obviously if there is a complicated case of dividing assets or other reasons, the general rule is not to apply for the Absolute even if you can, until everything else is agreed.

Alonelonelylonersbadidea · 13/03/2022 10:58

With my first marriage (albeit years ago) there was at least 2 years between nisi and absolute as my mother x was a psycho and it took that long for me to get to a place he couldn't find me and safety so I could proceed.
Based on this I don't think there is a maximum time. The minimum time is 6 weeks between nisi and absolute (in England and Wales at least).
My husband is basically vacillating too and I have gone ahead in any case for my own mental health.

Alonelonelylonersbadidea · 13/03/2022 10:59

Not mother ex! Ex husband ( how odd)

wearingtheT · 13/03/2022 11:03

I had to wait months as EX had filed (so he could pay) then dragged his fucking feet with the last bit.
he did it eventually but the rules are I would have had to wait for months then pay for the privilege.

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