Turnaround times - No Fault Divorce

PilchardsonToast · 05/03/2023 18:31

I applied for my conditional order as soon as I could and it took about 2.5 weeks, I then applied for the final order when I could six weeks later which took 1 day to be granted - so a bit over 8 weeks all in from the day I could apply for the conditional order.

2022NewTimes · 05/03/2023 19:25

HaggisBurger · 05/03/2023 17:15

Hi. Has anyone recently applied for an online Conditional Order (decree nisi in old money). Our 20 week wait is about to finish so we can submit the application for a conditional order. Wondering how quick that will be to come back?

Anyone done that and the final order that can share time line? Thanks so much

@HaggisBurger - Dont forget to file a financial consent / clean break order after receiving conditional order before filing for final order

Original poster

HaggisBurger · 05/03/2023 19:44

PilchardsonToast · 05/03/2023 18:31

I applied for my conditional order as soon as I could and it took about 2.5 weeks, I then applied for the final order when I could six weeks later which took 1 day to be granted - so a bit over 8 weeks all in from the day I could apply for the conditional order.

That’s really helpful. Thanks. 😀Ours is a joint rather than a single application- no idea if that makes a difference.

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Original poster

HaggisBurger · 05/03/2023 19:48

2022NewTimes · 05/03/2023 19:25

@HaggisBurger - Dont forget to file a financial consent / clean break order after receiving conditional order before filing for final order

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Hi @2022NewTimes thanks so much for responding - what is the downside of not having the financial consent order finalised prior to the final divorce order?

we are agreed on financial matters - and I want it all done and dusted but it might not be done in time. How would that change things? As we have done it all assets lie where they will post order, family home sold and two separate houses bought. So god forbid (I do mean that 😉) if he died a day after the final order I can’t see that I’d be in a pickle.

I guess he could renege on what we have agreed.

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2022NewTimes · 05/03/2023 20:22

HaggisBurger · 05/03/2023 19:48

Hi @2022NewTimes thanks so much for responding - what is the downside of not having the financial consent order finalised prior to the final divorce order?

we are agreed on financial matters - and I want it all done and dusted but it might not be done in time. How would that change things? As we have done it all assets lie where they will post order, family home sold and two separate houses bought. So god forbid (I do mean that 😉) if he died a day after the final order I can’t see that I’d be in a pickle.

I guess he could renege on what we have agreed.

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@HaggisBurger - According to gov website the best time to file the order is once you receive your conditional order. Once the courts have approved your financial consent order it means they agree to how you decided to split the marital assets . If the judge is not happy with your arrangement for the split of assets -its easier to sort out at that time than to have issues later... It means when you then apply for your final order ( old decree absolute ) - everything else has been processed and agreed as far as the court is concerned

isthistheendtakeabreath · 05/03/2023 21:03

From what my solicitor said it's so that you have your financial division agreed and signed off before you legally are no longer man and wife and in case you never get round to/forget to apply for the final part of the divorce

So in my case I'm the higher earner - if I didn't have the consent order in place and then I died before the Absolute came through then legally he's still classed as my husband and next of kin and would be entitled to division of assets that come with that as laid down by inheritance laws, same with pensions and death in service payment from my employer (so very much in his favour rather than if the consent order was in place all going to my children)

So having the financial order protects my children financially more than anything?

Remember you don't declare life insurance payouts or death in service payouts on the D81 form whilst agreeing value of marital assets

Also if I won the lottery the day after the financial consent order was signed off 😃

Original poster

HaggisBurger · 06/03/2023 09:10

isthistheendtakeabreath · 05/03/2023 21:03

From what my solicitor said it's so that you have your financial division agreed and signed off before you legally are no longer man and wife and in case you never get round to/forget to apply for the final part of the divorce

So in my case I'm the higher earner - if I didn't have the consent order in place and then I died before the Absolute came through then legally he's still classed as my husband and next of kin and would be entitled to division of assets that come with that as laid down by inheritance laws, same with pensions and death in service payment from my employer (so very much in his favour rather than if the consent order was in place all going to my children)

So having the financial order protects my children financially more than anything?

Remember you don't declare life insurance payouts or death in service payouts on the D81 form whilst agreeing value of marital assets

Also if I won the lottery the day after the financial consent order was signed off 😃

Definitely not the case that you HAVE to have the financial consent order in place before the decree absolute / final order. I know people whose financial stuff is with the courts but their divorce is though.

Certainly best practice to do as @2022NewTimes says too. We aren’t far off having the financial consent order ready to file but it won’t be quite day of the conditional order.

re inheritance law between separation and divorce though - the easy fix to that is just making a will! Even if you’re divorced you don’t want the rules of intestacy to apply. Which reminds me. Really need to sort that out. 😀😀

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isthistheendtakeabreath · 06/03/2023 11:54

No you don't HAVE to have it in place It really depends on your personal financial situation though - I have a lot more assets than STBEXH when we were married my will stipulated the minimum going to him as my husband I could legally get away with so £190k or something like that with the rest to the kids. Versus about £60k which is the agreed divorce pay out. If there is no financial order in place and Absolute not granted yet then legally under intestacy laws he's still my husband so could claim the £190k not the £60k. My kids are young so challenging something in court after my death isn't something I'd want to put on them so safer for me to have the financial consent agreed as soon as possible and before the Absolute

isthistheendtakeabreath · 06/03/2023 11:54

I need to update my will too that reminds me 😂

Original poster

HaggisBurger · 06/03/2023 11:55

isthistheendtakeabreath · 06/03/2023 11:54

I need to update my will too that reminds me 😂

Let’s get em done!!

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Original poster

HaggisBurger · 06/03/2023 11:57

Hoping to hear back from my solr today on the draft heads of terms I sent that should form the basis of the consent order. Would love to have it all done & dusted by start of May. 🤞🏼

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Meg1313 · 02/05/2023 18:28

@HaggisBurger wondering how long your conditional order took to come through before you could apply for final order? I’m in a similar situation, we get married in august!

Original poster

HaggisBurger · 02/05/2023 18:57

@Meg1313 applied for the conditional order on 7 March (first date we could). We were doing it by joint application btw. Auto response saying you’ll get a court date for the hearing of the conditional order by 5 April.

Got an email from HMCTS two days later (9 March) giving us the date for the hearing of the conditional order (it’s a formality) - on 26 March.

On 26 March - same day as the hearing we got the copy of the Conditional Order and notification that we could apply for Final Order from 9 May.

I’m imagining on 9 May there will be similar timeline for being given a date of the final order hearing, it being heard and sent the order. So maybe midMay. It’s been hugely efficient the online system TBH.

We started the whole process on 17 Oct last year but there is that big delay you have to wait for.

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Meg1313 · 02/05/2023 19:16

My partners is a sole applicant, altho his ex has agreed and signed to it. I thought it was only a couple of weeks. We’ve booked our wedding for 18th august thinking the divorce would be through in time. Looks like it won’t be 🙈 he can apply for the conditional order on the 24th of this month! We have to give out notice with absolute by the 21st july at least. So I don’t think we’ll be able to

Original poster

HaggisBurger · 02/05/2023 20:49

Meg1313 · 02/05/2023 19:16

My partners is a sole applicant, altho his ex has agreed and signed to it. I thought it was only a couple of weeks. We’ve booked our wedding for 18th august thinking the divorce would be through in time. Looks like it won’t be 🙈 he can apply for the conditional order on the 24th of this month! We have to give out notice with absolute by the 21st july at least. So I don’t think we’ll be able to

No you won’t have that turned around in time for 21 July. There is a min 6 weeks between conditional order granted and financial order applied for plus the 2 weeks court turnaround time for both orders. So you are talking 8-10 weeks from 24 May.

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Meg1313 · 02/05/2023 20:50

@HaggisBurger oh dear😂 one woman on the phone of the register office said we could give our notice then bring the absolute once it’s through, then another one emailed and said we couldn’t do this! Great! 😂

Original poster

HaggisBurger · 02/05/2023 20:51

My ex wanted to get married start of June. No way that was going to be possible allowing for notice / banns with our timeline so he deferred to later in the year.

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Meg1313 · 02/05/2023 20:57

@HaggisBurger ours was originally novemeber, recently found out im pregnant so we brought it forward thinking it’d be done and dusted! Applied back in December! Gonna have to go back a month or two!

ShellyAnne81 · 01/06/2023 22:40

Meg1313 · 02/05/2023 19:16

My partners is a sole applicant, altho his ex has agreed and signed to it. I thought it was only a couple of weeks. We’ve booked our wedding for 18th august thinking the divorce would be through in time. Looks like it won’t be 🙈 he can apply for the conditional order on the 24th of this month! We have to give out notice with absolute by the 21st july at least. So I don’t think we’ll be able to

@Meg1313 Did you get a date through for your conditional order?
We applied on 12th May and we're still waiting for a court date. We were told we'd have a date by 9th June.

Meg1313 · 02/06/2023 18:06

@ShellyAnne81 he applied for it on the 24th may, and it said we’d know by the 24th June. We moved our wedding to October now 😂

ShellyAnne81 · 03/06/2023 12:32

Ahh ok. Oh well, it's a waiting game now then for us all. Good luck on your wedding 😊

kshaw · 03/06/2023 12:56

Mine was within the timeframe they give. I can't remember exactly but it was all very efficient

Meg1313 · 10/06/2023 12:35

@ShellyAnne81 he’s had an email, judge has approved and should be finalised by august 1st 🤘🏻

Meg1313 · 10/06/2023 12:36

@kshaw it came not long after! Be finalised by august 1st!

peanutbutterkid · 10/06/2023 18:29

We applied for conditional yesterday ( 9 Jun) & were told we'd get it back by 7 July. We have started drafting the consent order & will try to finalise the financial settlement after we have the conditional.